출입국관리법위반
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and six months, defendant B with prison labor of ten months, and defendant C with prison labor of eight months.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (two years of imprisonment in case of Defendant A, one year and two years of imprisonment in case of Defendant B, and one year of imprisonment in case of Defendant C) is too unreasonable.
2. In full view of all the circumstances that are the conditions for the sentencing of this case as shown in the argument of this case, maintaining the sentence of the court below is too unreasonable, considering the fact that the Defendants had no record of punishment for the same kind of crime, that in the case of Defendant B, it is necessary to consider the equity with the case where the judgment of the court below was rendered concurrently with the crime for which the judgment of the court below was made.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows after pleading.
[Re-written judgment] The criminal facts and the summary of the evidence acknowledged by the court and the summary of the evidence are as follows. Except for the case where the court below’s 5th page of the 7th page of the judgment below is used as a "shotic photo of the son", it is identical to the corresponding column of the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Articles 94 subparag. 10 and 18(4) of the Immigration Control Act of Defendant A, Article 30 of the Criminal Act (in collusion and illegal employment mediation), Articles 94 subparag. 10 and 18(4) of the Immigration Control Act (in the event of illegal employment mediation), Articles 94 subparag. 11 and 18(5) of the Immigration Control Act (in the event of illegal employment mediation), and Articles 94 subparag. 11 and 18(5) of the Immigration Control Act (in the event of illegal employment mediation), each of the choice of imprisonment
B. Articles 94 subparag. 10 and 18 subparag. 4 of the Immigration Control Act, Article 30 of the Criminal Act (a joint and several offer of illegal employment), Articles 94 subparag. 10 and 18 subparag. 4 of the Immigration Control Act (a joint and several offer of unfair employment), and each choice of imprisonment, respectively.
C. Articles 94 subparag. 10 and 18 of the Immigration Control Act for Defendant C