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(영문) 수원지방법원 2018.03.30 2017노6172
건설산업기본법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (one year and six months of imprisonment, three years of suspended execution, observation of protection and community service 240 hours) is too unreasonable.

2. The Defendant is against his or her will to recognize his or her mistake.

The defendant is running a distribution business and cosmetics export business by discontinuing lending brokerage such as a construction business registration certificate, and is engaged in a normal life.

The defendant has no record of punishment other than that sentenced to a fine once.

In addition, it is more favorable that the social ties are closely related, such as the application of one defendant's wife to the defendant.

However, the lending or mediation of a construction business registration certificate can cause a serious danger to human life and property due to the defective construction work of a unregistered constructor who has borrowed a construction business registration certificate, etc., so it is necessary to punish it strictly.

In spite of the existence of the same record, the defendant not only repeats the act of arranging the lending of a construction business registration certificate, but also the frequency and amount of the contract are considerably high, and the crime is not good in light of the circumstances, methods, etc.

There is a need to strictly punish crimes related to Korean narcotics, etc. as well as to avoid the body and mind of an individual due to their crypism, toxicity, etc., and as there is a high risk of undermining the health and social safety of the people.

Defendant's philophone medication has been conducted eight times, and there is a high possibility of criticism.

Taking into account the above circumstances and the number of executions, building size, balance of sentencing with the same kind of case, volume of phiphone medication, medication method, Defendant’s age, sexual conduct, environment, and circumstances after the crime, etc., it is difficult to deem that the sentence of the lower court is unfair because it is too unreasonable (it was possible for the lower court to render a sentence to the Defendant, but it was also possible for the Defendant to make a suspended sentence in consideration of the above favorable circumstances.

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