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(영문) 대법원 2018.05.15 2017도20472
건설산업기본법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by Defendant A, B, and H in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that all of the facts charged (excluding the part of innocence) against Defendant A, B, and H were guilty on the grounds indicated in its reasoning is justifiable. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Industrial Safety and Health Act.

2. Examining the reasoning of the lower judgment on the grounds of appeal by Defendant E, F, and J in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have determined that the lower court convicted Defendant E, F, and J of all of the charges of this case (excluding the part not guilty of the grounds for appeal) on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free ex officio due to violating logical and empirical rules, or by misapprehending the legal doctrine

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where Defendant J is sentenced to minor punishment is not a legitimate ground for final appeal.

3. Examining the reasoning of the lower judgment on the grounds of Defendant G’s appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have determined that Defendant G was guilty of all of the facts charged in the instant case (excluding the part not guilty of the grounds for appeal) on the grounds as stated in its reasoning. In so doing,

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