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(영문) 서울중앙지방법원 2020.04.20 2019노3737
건설산업기본법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. The Defendant appears to have led to confession and reflect on a crime.

Although the Defendant clearly perceived that gas facility works (gas boiler connection, etc.) that he performed constituted a gas facility construction project requiring registration of a construction business, the Defendant does not seem to have committed the instant crime.

Defendant has no record of punishment.

This is the circumstances favorable to the defendant.

However, on March 5, 2018, while the Defendant was performing unregistered construction works, the Defendant asked questions as to whether the construction business license was granted by the subcontractor B, and asked questions as to whether his actions were illegal, such as responding to the absence of the construction business license. However, the Defendant continued to commit the instant crime even though he had the opportunity to check whether his actions were illegal.

After the defendant completed the construction of unregistered gas facilities, the leakage of carbon oxide was confirmed in the B B's cohesion of the B's cohesion, and the causes of the leakage were not clearly revealed, but the circumstances that the defendant's non-registered gas facility construction affected are inappropriate.

The possibility that human life damage may be caused by the instant crime cannot be ruled out.

This is disadvantageous to the defendant.

Considering such circumstances, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and background of a crime, means and consequence of a crime, and circumstances after a crime, the lower court’s punishment against the Defendant is too unreasonable in this case without any particular change in the sentencing conditions after the lower judgment.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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