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(영문) 청주지방법원 2017.01.13 2016노773

출입국관리법위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each of the punishments (three million won by each of the Defendants) declared by the lower court to the Defendants is too uneasible and unfair.

2. The lower court determined that the Defendants were punished against the Defendants by taking into account the fact that the Defendants committed the instant crime in the manpower shortage and that they were employed for a short period of time, that the Defendants were committed in both the commission of and against the crimes, and that there was no record of punishment for the same kind of crime in the past.

In light of the following: (a) there is no change in the conditions of sentencing compared with the original judgment as the new sentencing data was not submitted in the first instance court; and (b) other factors and statutory penalty, etc., the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, each prosecutor's sentencing and warning cannot be accepted.

3. In conclusion, since each appeal against the Defendants by the prosecutor is without merit, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.