(영문) 의정부지방법원 2017.06.28 2017노1055

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.06.28 2017노1055

건설산업기본법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unreasonable.

2. The crimes of this case committed by the defendant are those that disqualified persons lose the legislative intent of the Framework Act on the Construction Industry for the purpose of preventing defective construction works, properly executing construction works, and sound development of the construction industry, and the quality of such crimes is minor.

However, in full view of the following facts: (a) the Defendant recognized his mistake and speaks against the Defendant; (b) the Defendant’s failure to properly implement the re-subcontract contract of this case and the actual construction portion is merely part of the part that the Defendant actually performed; (c) the Defendant seems to have little profit from this; (d) the Defendant Company C, which was operated by the Defendant, was disadvantaged by an administrative disposition after this case; (c) the Defendant was disadvantaged by an administrative disposition; (d) the Defendant had no previous conviction; (d) the Defendant’s family members, etc. complained of the Defendant’s wife; and (e) the balance with the criminal punishment for other crimes similar to the instant crime, the lower

Therefore, the defendant's assertion pointing this out is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 96 subparagraph 4 and 25 (2) of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016) (amended by Act No. 14015, Feb. 3, 2016)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. All the circumstances shown in the grounds for appeal for sentencing of Article 334(1) of the Criminal Procedure Act and other reasons.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

-수원지방법원 2018.07.20 2018노337

-서울중앙지방법원 2016.01.28 2015노3624

-수원지방법원 2017.11.02 2017노4253

-의정부지방법원 2017.10.19 2017고정1682

-인천지방법원 2017.09.01 2017고단4627