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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor of one year and four months, and Defendant B.
Reasons
1. The lower court’s sentence (Defendant A: Imprisonment with prison labor for one year and four months, and Defendant B: one year) against the Defendants on the summary of the grounds for appeal is too unreasonable.
2. The crime of violation of the Immigration Control Act, which employs illegal aliens, requires strict punishment as it constitutes a crime that may undermine the effectiveness of the Government of the Republic of Korea's immigration control policies and further increase the conditions of illegal stay of foreigners.
The defendants committed a crime in violation of the Immigration Control Act for eight months, the number of foreigners employed by the defendants A to entertainment establishments shall be 30, and the defendant B employed or arranged foreigners to entertainment establishments by up to 61.
In particular, when the Defendants were exposed to and controlled by the police, the Defendants conspired with other accomplices, convened a much number of police officers more unreasonable than the police officers, and exercised force such as pushing the police officers under control, stopping their body and arms, thereby threatening foreign contact loans and inflicting bodily injury on police officers in the process. In light of its purpose, method, and result, there is a high possibility of criticism.
However, considering all of the sentencing conditions indicated in the records, including Defendant A’s age, sexual conduct, environment, background of the crime, circumstances after the crime, etc., the lower court’s punishment seems somewhat unreasonable, if it is examined as follows: (a) Defendant A does not repeat the crime in line with the recognition of all of the crimes in this case; (b) Y, AA, and T at the lower court agreed; (c) deposited KRW 1 million for S; and (d) there are family members to support S.
Defendant
B also acknowledges all of the crimes of this case, and there is a misunderstanding that does not repeat again, and the degree of interference with the performance of official duties and participation in the crime of injury is relatively insignificant, and deposit KRW 2 million for S in the first instance, and in 2005, a fine shall be imposed as the crimes of this case.