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(영문) 서울남부지방법원 2018.09.14 2017노1928
건설산업기본법위반
Text

The judgment of the court below is reversed.

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

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.

2. In full view of the fact that the defendant's mistake is recognized as being against the judgment, that the defendant has no criminal history other than once a fine for dual type, that the defendant has no record of criminal punishment, that the defendant's health status is not good due to chronic further diseases, etc., that the defendant's wife is not good at the level of long-term care class 3, and that other sentencing conditions specified in the defendant's age, sex behavior, means and consequence of the crime, and all other sentencing conditions specified in the records and changes of this case, the sentence imposed by the court below is too unreasonable, and therefore the defendant's argument is reasonable.

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 with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of 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 Construction Industry Act, subparagraph 3 of Article 96 of the Framework Act on the Selection of Punishment, Article 21 (1) (a point of borrowing a registration certificate for construction business), Article 96 subparagraph 5 of the Construction Industry Act, and Article 41 (1) 3 of the Framework Act on the Construction Industry (a point of violation of restrictions on a constructor of construction works) and selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

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