제주특별자치도설치및국제자유도시조성을위한특별법위반
All of the judgment of the court below of first instance and the judgment of second instance against Defendant A shall be reversed.
Defendant
J. A.
1. Summary of grounds for appeal;
A. The first instance court's sentence against Defendant J and AJ and against Defendant A (two years of suspended sentence to Defendant J for one year, two years of suspended sentence to Defendant J for four months of suspended sentence to imprisonment, two years of suspended sentence to Defendant A, two years of suspended sentence to August, and two years of suspended sentence to eight months of imprisonment, and 120 hours of community service order) are too unreasonable.
B. Each sentence of the first instance court against the Defendants by the prosecutor (two years of suspended sentence in the year of imprisonment with prison labor for the Defendants R) is deemed to be too uneasy and unfair.
2. Determination
A. Defendant J and R were first offenders, and Defendant R had no record of punishment for the same kind of crime, etc. However, the instant crime was committed in favor of the Defendants, without the visa, and was committed by the attempted attempt to move or move to another area within the territory of the Republic of Korea of the Republic of Korea of Chinese people who did not obtain the extension permit of sojourn area after entering Jeju-do without the visa. In light of the method and circumstances of the crime, the nature of the relevant crime is very serious, and all other factors of sentencing indicated in the record, including the Defendants’ age, character and behavior, family environment, degree of participation in the crime, and circumstances before and after the crime, the sentence of Defendant J and R against the Defendant J is inappropriate.
B. The appeal case against Defendant A was consolidated in the judgment of the court below for the first time after examining the part against Defendant A ex officio, and among the judgment below, each of the offenses in the judgment of the court below against Defendant A in relation to concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the part against Defendant A in the judgment of the court below is reversed.
3. Accordingly, under Article 364(2) of the Criminal Procedure Act, the part of the judgment below against Defendant A among the judgment below is reversed without examining the allegation of unfair sentencing against Defendant A and the prosecutor.