직업안정법위반
Defendant
All appeals filed by A and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (Defendant A: 4 months of imprisonment, 2 years of suspended sentence, 6,00,000 won of fine, Defendant G: fine 6,00,000 won) of the lower court’s sentence (Defendant A: 6,000,000 won of fine) is too unhued and unreasonable.
B. Defendant A’s punishment is too unreasonable.
2. Determination
A. The following determination on Defendant A is an unfavorable circumstance to the Defendant.
The crime of this case is a bad thing to arrange many women to provide entertainment services while operating a tentatively named news report room, which is a unregistered business entity.
The term of non-registered business is shorter.
There are many criminal records of suspended sentence or heavier punishment.
On the other hand, the following conditions are favorable.
The defendant recognizes his mistake and reflects his fault.
The defendant has no power of the same kind.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, etc. and other various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy. As such, the Defendant and the Prosecutor’s assertion are without merit.
B. The fact that Defendant E and G had been punished for the same kind of crime, the fact that the nature of the instant crime is not good, and the fact that the period of non-registration operation is not shorter than that of the Defendants is disadvantageous to the Defendants.
On the other hand, the following conditions are favorable.
The defendants recognize their mistakes and are against themselves.
Defendant
E has no record of punishment exceeding the fine.
Defendant
G is not in a state of health due to the current cancer.
In addition, comprehensively taking account of the Defendants’ age, sex, environment, etc. and various sentencing conditions as shown in the instant records and arguments, the Prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.
3. In conclusion, the appeal by Defendant A and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, as there are no grounds for appeal.