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(영문) 창원지방법원 2013.05.10 2012노2148

직업안정법위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. According to the records of this case regarding Defendant H and I’s appeal, Defendant H and I are dissatisfied with the judgment of the court below and filed each appeal on October 11, 2012, and Defendant I was served on November 9, 2012, Defendant H received respectively a written notification of the receipt of the trial record from this court on January 17, 2013, and Defendant H did not submit the statement of grounds for appeal at the expiration of 20 days from the receipt of the written notification of the trial record, and the written notification of the grounds for appeal is not stated in the petition of appeal, and there is no other reason for ex officio investigation even after examining the records.

2. Determination as to the grounds for appeal by the Defendant A, B, C, D, E, F, G and J

A. The summary of the grounds for appeal is too unreasonable that each sentence (a fine of 2 million won is imposed on the Defendants, C, D, E, F, G, and J: each of the fines of 1.5 million won) declared by the lower court on the Defendants is too unreasonable.

B. (1) Although there are no circumstances to consider the circumstances, such as the fact that Defendant A is a disabled person of the grade III with delay, the confession and the mistake of each of the instant crimes, the fact that there is no record of punishment for the same kind of crime, economic situation, and there is a family member to support, the above Defendant A’s period of non-permission labor supply business is relatively long-term, the degree of damage suffered by the victim is not easy, and the balance between other similar cases and sentencing, and the above Defendant’s age, character and conduct, environment, circumstances of each of the instant crimes, and circumstances after the crime, etc., the above Defendant’s above assertion is too unreasonable, and it is not reasonable for the court below to take into account the following factors.

(2) Although there are no circumstances to consider the circumstances, such as the confession and mistake of each of the crimes in this case, the fact that Defendant B did not have any record of punishment for the crime of violating the Employment Security Act, and the fact that the economic situation seems to be good, Defendant B was punished several times for crimes related to violence.

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