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(영문) 대구지방법원 2014.10.17 2014노1126
출입국관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. In light of the following circumstances: (a) the Defendant was punished by a fine for the same kind of crime against the Defendant; (b) the Defendant reflects the Defendant’s mistake while recognizing all the instant crimes; (c) the Defendant did not have any criminal record other than the fine; and (d) the Defendant’s character and conduct, environment, circumstances of the instant crime, and circumstances after the instant crime, etc., it is deemed that the lower court’s punishment is too unjustifiable and unreasonable. Thus, the Prosecutor’s aforementioned assertion is without merit.

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

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the part of the judgment below as to "Article 94 subparag. 9 and Article 18(3) of the Immigration Control Act (the employment of those who are not eligible for employment)" and Article 95 subparag. 6 and Article 21(2) of the Immigration Control Act (the employment of foreigners who did not obtain permission, etc. to change their place of employment)" under Article 94 subparag. 9 and Article 18(3) of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014; hereinafter the same shall apply) shall be corrected as follows: Article 95 subparag. 6 and Article 21(2) of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014; hereinafter the same shall apply).

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