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(영문) 대전지방법원 2013.12.18 2013노1492

출입국관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, such as the fact that the defendant is against the nature of the grounds for appeal (unfair punishment) and the closure of the company after the instant crime, the punishment sentenced by the court below is too unreasonable.

2. It is recognized that the judgment of the defendant was based on the time of and against the instant crime, and that the defendant was the first offender who had no previous criminal record.

However, the crime of this case is that the defendant employs two foreigners who do not have the status of stay in his factory from September 15, 201 to September 25, 2012. The employment period is relatively long-term since the two foreigners of Chinese nationality who do not have the status of stay for 1 year and 11 days. The crime of this case is against the purpose of legislation of the Immigration Control Act, which regulates foreigners to engage in employment activities in the Republic of Korea after obtaining a certain status of stay for a certain period of stay, and must be eradicated as acts that may interfere with the affairs of the foreigner's immigration control, and the defendant's age, character, environment, motive and circumstance leading to the crime of this case, circumstances before and after the crime, etc., and the above argument by the court below is not reasonable and too unreasonable. Thus, the above argument by the defendant is without merit.

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