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(영문) 서울서부지방법원 2017.12.14 2017노1242

직업안정법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won in penalty) is too unreasonable.

2. Determination Doctrine, the Defendant’s confession of the instant crime and reflects his mistake, and the fact that the state of health is not good due to disease from urology, etc. is favorable to the Defendant.

However, in full view of the following factors: (a) the Defendant engaged in the opening of a without-registered occupation for one year and four months; (b) the period of his business is short and appears to be reasonable; (c) there is no change of circumstances that may be considered favorable to the Defendant in the past; and (d) other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, sex, environment, the circumstances and result of the instant crime; and (c) the Defendant’s punishment is too unreasonable, and thus, the Defendant’s improper assertion of sentencing is groundless.

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