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(영문) 서울중앙지방법원 2016.01.28 2015노3624
건설산업기본법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court on the Defendant’s summary of the grounds of appeal (the amount of KRW 3 million) is too unreasonable.

2. The fact that the judgment defendant has no record of punishment for the same kind of crime, and that his mistake is divided is favorable to the defendant.

However, in full view of the following factors: (a) the purpose of the Framework Act on the Construction Industry for the purpose of promoting the proper execution of construction works and the sound development of the construction industry requires strict punishment; and (b) the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime; and (c) all of the sentencing conditions specified in the present argument, such as the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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