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(영문) 청주지방법원 2014.12.11 2014노1013

출입국관리법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of four million won) imposed by the lower court is too uneased and unreasonable.

2. The crime of this case is an offense that makes it difficult to manage the stay of a foreigner in Korea by illegally employing a foreigner who does not have status of stay. It is highly likely to lead to the exploitation or social problem of an illegal foreigner, and the number of foreigners illegally employed is more than 12, which is disadvantageous to the defendant.

However, in light of the following: (a) the Defendant was punished as a fine for violating the Guarantee of Automobile Accident Compensation Act in around 2012; (b) there are no other criminal records except for the Defendant’s punishment; (c) there are some circumstances to consider that the Defendant was committed due to a business environment where it is difficult to supply and demand human resources; and (d) the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime; and (e) all of the sentencing conditions as shown in the instant records and pleadings, such

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.