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(영문) 대구지방법원 2015.11.11 2015노980
출입국관리법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A: 2 years of suspended sentence in six months of imprisonment, and for defendant B: 5 million won in fine) which the court below pronounced is too unfluent and unreasonable.

2. In light of the circumstances that the Defendants continued to commit the instant crime despite the fact that the Defendants had been punished for the same kind of crime, the Defendants’ continued to commit the instant crime is disadvantageous to the Defendants; however, the Defendants recognized all the instant facts charged and reflect their mistakes in depth; the practical circumstances that make it difficult to recruit necessary human resources only to Korean workers or foreign workers in the domestic small and medium manufacturing enterprises like the Defendant Company; and the circumstances leading to the instant crime in order to recruit insufficient human resources in a situation where the financial situation of the Defendant Company is difficult to supply the order quantity; and there are some circumstances to consider the motive or circumstance leading to the instant crime; the Defendants do not employ any more illegal aliens even if they are under the current loss; the Defendants do not have any criminal record exceeding a fine; the Defendants did not have any criminal record against the Defendant; and the Defendant’s age, character, conduct, and environment records and arguments are revealed, the Prosecutor’s assertion that the sentence imposed by the lower court is too unreasonable, and thus, the Prosecutor’s assertion is without merit.

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

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