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(영문) 수원지방법원 2018.01.12 2017노6664
출입국관리법위반
Text

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

Reasons

1. The summary of the grounds for appeal that the court below made against the Defendants is unreasonable as it is too unfasible to the extent that each sentence (a fine of KRW 3 million is imposed on the Defendants; a fine of KRW 6 million is imposed on the Defendants B; and a fine of KRW 2 million is imposed on the Defendants C) imposed on the Defendants.

2. The lower court sentenced Defendant A to a fine of KRW 3 million, a fine of KRW 6 million to Defendant B, and a fine of KRW 2 million to Defendant C, taking into account the unfavorable circumstances and favorable circumstances to the Defendants.

In full view of the facts that are the conditions for sentencing in the trial, in particular, the amount of the fine decided by the court below does not meet the criteria for the determination of the penalty prescribed in the Enforcement Rule of the Immigration Control Act, but the judgment of the court below that granted an opportunity to repent in light of Defendant A and C’s initial crime and the fact that the number of foreigners arranged by the Defendants is not large, and that the judgment of the court below exceeded the reasonable bounds of its discretion in full view of the fact that the judgment of the court below exceeded the reasonable bounds of its discretion

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sex, family relationship, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal against the Defendants by the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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