The judgment below

Of the judgment of the court below, the part on the violation of the Construction Technology Promotion Act shall be reversed.

The defendant is examined as the defendant.

Of the facts charged in the instant case, the lower court dismissed the public prosecution regarding the violation of each of the Labor Standards Act, and convicted each of the remaining facts charged. Since only the Defendant appealed against the guilty portion among the lower judgment, the part of dismissing the public prosecution for which the Defendant and the Prosecutor did not appeal was separated and finalized as it is

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

The gist of the defendant's appeal is that the punishment sentenced by the court below (10 months of imprisonment, 5 million won of fine) is too unreasonable.

However, in full view of the various circumstances, regarding the part concerning the crime of injury and the crime of obstruction of business in the judgment of the court below as to the judgment of the court below, since the sentence of 10 months imposed on the defendant for each of the above crimes is too excessive and it is not deemed unfair, the defendant's allegation in this part of the judgment of the court below is groundless.

However, with respect to the part of the judgment of the court below regarding the violation of the Construction Technology Promotion Act as stated in the judgment of the court below, prior to the determination of the above unfair sentencing, the court below erred by applying Articles 42-2 subparagraph 4 (a) and 6-3 (1) of the former Construction Technology Management Act (amended by Act No. 11794, May 22, 2013; hereinafter the same shall apply) (amended by Act No. 11794, May 23, 2014; hereinafter the same shall apply), although Articles 89 subparagraph 3 (a) and 23 (1) of the current Construction Technology Promotion Act (amended by imprisonment with labor for not more than one year or a fine not exceeding five million won) are applied to the defendant's act of extending the career experience of each construction technology committed before May 22, 2014 among the facts charged in this part, which affected the conclusion of the judgment of the court below.

Therefore, according to Article 364 (2) and (6) of the Criminal Procedure Act, the judgment of the court below is rendered.