출입국관리법위반
The judgment of the court below of the first instance shall be reversed in entirety with respect to each of the crimes in paragraphs 2, 3, and 5 of the judgment and the judgment of the court below.
1. Summary of grounds for appeal;
A. Each sentence sentenced to the first instance judgment of the prosecutor (for each of the crimes of paragraphs 2, 3 and 5 in its holding, 10 months of imprisonment, 2 years of suspended execution, 1 million won of fine as to each of the crimes of paragraphs 1 and 4 in its holding) is too uneased and unfair.
B. The sentence sentenced by the second instance court (6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.
2. Determination
A. As the judgment of the court of first instance was rendered to the Defendant, the prosecutor appealeds the judgment of the court of first instance against the Defendant, and the Defendant appealed each of the judgment of the court of second instance, and this court decided to hold a joint hearing of the above two appeals cases.
In the first instance judgment against the defendant, each crime of Articles 2, 3, and 5 and each crime of Articles 2 and 2 in the second instance judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part concerning each crime of Articles 2, 3, and 38(5) of the judgment of the first instance judgment and the second instance judgment cannot be maintained as they are.
B. Of the judgment of the first instance court, the Defendant: (a) invited foreigners by unlawful means during the period of stay of execution due to fraud; or (b) assisted the function of the State’s immigration control over the management of safe border and the stay and management of foreigners staying in the Republic of Korea by arranging foreigners to apply for visas; or (c) thereby impairing the State’s immigration control over the stay and management of foreigners staying in Korea
It is not good to the quality of the crime, and it is not against the responsibility of the defendant.
However, the defendant recognized all of the crimes in this part, against his mistake, and many foreigners invited by the defendant refused to enter the airport or refused to issue a visa.
There are no many benefits that the defendant acquired due to the crime of this case, and there is no same criminal record for the defendant.
The father of the defendant complains of the defendant's wife, and is leading to the defendant.