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(영문) 의정부지방법원 2013.09.13 2013노1032

출입국관리법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued and unreasonable.

2. This case is true that the defendant prepares a false invitation letter and illegally enters the Republic of Korea, and there is a need for strict punishment as it may cause confusion in the state's immigration operations.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake from the investigative agency to the court; (b) the Defendant did not have the same criminal records; and (c) the Defendant’s age, character and conduct, family relationship, environment, occupation, circumstances leading to the instant crime; and (d) details of the sentencing conditions indicated in the record, such as the circumstances after the crime, etc., the Defendant’s sentence of the lower judgment cannot be deemed unreasonable because the sentence of the lower judgment cannot

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.