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(영문) 부산지방법원 2019.11.21 2019노2469

출입국관리법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of suspended sentence in April, and one million won in fine in case of Defendant B) is too unreasonable.

2. Determination

A. According to the records, the court below determined the punishment in consideration of various sentencing factors, such as the number of foreigners employed by the defendants, the number of foreigners is not many, the error is divided and reflected, the defendant A has no record of punishment exceeding the amount of punishment or fine imposed for the same kind of crime, the defendant B has no record of punishment due to a similar reason in the case of the defendant B, and the circumstances leading to the crime.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the Defendants’ appeal 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.