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(영문) 의정부지방법원 2020.06.12 2019노1858
출입국관리법위반
Text

The defendant's appeal is dismissed.

Reasons

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

(2) In a case where there is no change in the conditions of sentencing compared with the first instance court on the date of the trial of the first instance, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the grounds that it is somewhat different from the opinion of the appellate court, and to refrain from rendering a sentence that does not differ from the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). According to the foregoing legal doctrine, the following circumstances are favorable to the Defendant: (a) the Defendant was examined in light of the foregoing legal doctrine; (b) the Defendant was admitted to commit a crime; and (c) the Defendant did not have any criminal record, in addition to punishment once

However, in full view of the following circumstances: (a) the number of foreigners employed by the Defendant is not many; (b) the crime of illegal employment against foreigners is not so much likely to undermine the effectiveness of the State’s immigration control policy; and (c) it is necessary to strictly punish foreigners since there are considerable harm to society as a whole, such as promoting illegal stay by foreigners; and (d) there is no change in the sentencing conditions compared with the original judgment because new sentencing materials have not been submitted in the trial; and (e) other circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., which form the conditions for sentencing as shown in the records

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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