logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.11.11 2019노3182
출입국관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unfilled and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. 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 solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(2) In light of the aforementioned legal principles, the Defendant’s employment of 12 foreigners who did not have the status of sojourn allowing the Defendant to engage in employment activities, and the nature of the crime is not less and less severe, and the Defendant has paid the penalty by regulating the illegal employment of foreigners in the past. However, in the instant case, the period during which the said Defendant employed the said foreigners is relatively short, and the Defendant has no record of criminal punishment other than the above penalty payment. Furthermore, the lower court determined the sentence by sufficiently considering all the circumstances that include the circumstances asserted by the prosecutor as the grounds for appeal, and determined the sentence by taking account of all the circumstances, including the above penalty payment, and there is no change in the sentencing conditions compared with the lower court’s judgment, and thus, it is not recognized that the lower court’s punishment exceeded the reasonable scope of discretion, considering all the factors indicated in the records and arguments of the instant case.

3. In conclusion, the prosecutor'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.

arrow