beta
Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing by the lower court (two years of imprisonment) is too unreasonable.
However, in light of the contents, motive, period and frequency of each of the crimes in this case, means and methods thereof, the degree of criminal proceeds, etc., there is a very poor condition to the defendant, such as the nature of the crime.
However, considering the fact that the defendant does not seem to have led to the crimes related to Vietnam recruited by Y, the defendant does not have the same criminal record, the fact that the defendant has no criminal record for the same kind of crime, the fact that the defendant recognizes the mistake and reflects, and all other circumstances that are the conditions of sentencing in this case, the sentencing of the court below is somewhat inappropriate.
Therefore, the defendant's appeal is justified. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment of the court below against the defendant is reversed and it is decided again as follows.
[Grounds for the judgment of the court] Criminal facts and summary of evidence are the same as that of the part against the defendant in the corresponding column of the judgment of the court below, and the summary of evidence is the same as that of the judgment of the court below. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 228(1) and Article 30 of the Criminal Act, Article 229, Article 228(1), and Article 30 of the Criminal Act, Article 94 Subparag. 2-3 and Article 7-2 of the former Immigration Control Act (amended by Act No. 10282, May 14, 2010); Article 30 of the Criminal Act (amended by Act No. 1124, Nov. 11, 201); Article 94 Subparag. 3 and Article 7-2 of the former Immigration Control Act (amended by Act No. 1124, Nov. 26, 201); Article 30 of the former Immigration Control Act (amended by Act No. 1124, Nov. 15, 201); Article 30 of the Criminal Act (amended by Act No. 12816, Dec. 27, 2014); Article 14 of the former Immigration Control Act (amended by Act No. 1094, Dec. 27, 14, 20, 20)