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(영문) 의정부지방법원 2013.11.20 2013노748

출입국관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 5 million imposed by the court below is too unreasonable.

2. Although the judgment of the court below has a favorable condition to the defendant, such as the confession of the crime of this case and the fact that there is no evidence to impose any criminal punishment against the defendant, the crime of this case which employs a foreigner who has no status of sojourn shall be eradicated as an act that may interfere with the immigration control of foreigners. The purpose of legislation of the Immigration Control Act aimed at managing foreigners' entry and departure status and sojourn status, and social harm caused by crimes committed by illegal aliens, etc. taking into account the following factors: the court below appears to have sentenced a punishment by reducing a fine of KRW 10 million by a fine of KRW 5 million, which is half of the amount determined through formal trial procedure; there is no change in circumstances that could be different from the judgment of the court below; however, the crime of this case which employs a foreigner who has no status of sojourn; the period of employment of the foreigner who has no status of sojourn; and there is no reason to believe that there is no possibility to change the foreigner's family relation; the defendant's motive, motive, and circumstance of the crime of this case; and the circumstances of this case;

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