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(영문) 대구지방법원 2013.10.17 2013노1518

출입국관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's summary of the grounds for appeal is against the defendant, the punishment of the court below (the fine of 12 million won) against the defendant is too unreasonable.

2. A favorable circumstance is that the judgment of the defendant recognizes and reflects the crime, and that the defendant has no record of criminal punishment exceeding the fine.

However, considering the purpose of legislation of the Immigration Control Act for the management of foreigner's entry into and departure from the Republic of Korea and sojourn condition, the fact that the defendant's crime is not good, and that there is a previous fault against the defendant.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the Defendant, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that would vary between the lower court and the sentence.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.