직업안정법위반등
The judgment below
The part against the defendant shall be reversed.
The punishment of the accused shall be determined by one year and six months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment, three years of probation, observation of protection, community service, 200 hours) is too unreasonable.
B. Of the facts charged in the instant case, the acquittal part on the job placement as a means of unfairly restricting the mental freedom among the facts charged by the prosecutor (1) is in the relation of a crime of violation of the Employment Stabilization Act (the punishment amounting to five million won) established against the Defendant on May 16, 2014, or a commercial concurrent relation.
It is difficult to see that there is a final judgment.
(2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.
2. Where a criminal trial on the prosecutor’s assertion of misapprehension of the legal principles becomes final and conclusive and conclusive, it cannot be repeatedly punished for the same offense. In a case where a public prosecution is instituted against the same case with a final and conclusive judgment, a judgment of acquittal shall be rendered, but since the identity of the facts charged or the facts constituting the same offense is the concept of the Criminal Procedure Act, it shall take into account the significance or the legal function of the criminal procedure. Therefore, whether the basic facts of the two crimes are identical or not cannot be grasped entirely from a pure social and legal point of view without excluding the normative elements, and it is reasonable to view that the normative elements of the natural, social, or the defendant’s act are identical or not, as well as from a normative aspect, constitute a substantial part of the identity of basic facts (see Supreme Court Decision 93Do2080, Mar. 22, 1994). According to the records, the defendant introduced the defendant from the date of springing the defendant to the end of March 2, 2010 to the end of March 20.