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(영문) 대구지방법원 2017.02.10 2016노5028

출입국관리법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (7 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The employment of a foreigner in the unlawful stay in the Republic of Korea is not against the nature of the crime because it disturbs the immigration control order and is likely to cause labor exploitation and infringement of human rights for the foreigner staying in the unlawful stay, but it is not against the light of the nature of the crime, and it is not possible for

However, there are some circumstances where it is difficult to save Korean workers, and the defendant seems to have caused the crime of this case. The defendant has no record of punishment for the same kind of crime, and it is hard to say that he does not repeat such crime.

In full view of other circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age, sex, environment, criminal history, background leading to the instant crime, and circumstances after the commission of the crime, the sentence imposed by the lower court is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.