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(영문) 수원지방법원 2015.04.30 2014노5588
출입국관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the Defendant’s grounds of appeal (e.g., the Defendant’s mistake is against the Defendant, and the Defendant’s punishment of the lower court is too unreasonable in light of the following: (a) the Defendant committed each of the instant crimes in the circumstances where the business environment of the company operated by the Defendant is inferior and the difficulty of the Defendant’s work is high; (b) E, excluding D, who has served for 29 months; and (c) E, who has served for 17 months and eight months; and (d) the period of service is merely 12 million won.

2. Each of the crimes of this case, which is judged by the judgment, is not good in quality since the defendant knowingly employed the person, and even in light of the number of illegally employed foreigners and employment period, the degree of illegality is not small. The defendant was sentenced to a suspended sentence of one year at the Suwon District Court on December 4, 1998, and was sentenced to a suspended sentence of two years, due to the violation of the Illegal Check Control Act at the Suwon District Court on December 4, 1998, and there are several records of criminal punishment. In light of the motive and background of each of the crimes of this case, circumstances before and after the crimes of this case, the defendant's character and behavior as shown in the records and arguments of this case, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the punishment of the court below is unreasonable, even if considering the circumstances alleged in the grounds for appeal.

3. The defendant's appeal is dismissed in accordance with Article 364 (6) of the Criminal Procedure Act on the ground that there is no ground for appeal for conclusion. It is so decided as per Disposition

However, “Application of Acts and subordinate statutes” of the judgment below is clear that “Article 94 subparag. 9 and Article 18(3) of the Immigration Control Act” is erroneous entry under Article 94 subparag. 9 and Article 18(3) of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014). Thus, it is corrected that the ex officio correction is made pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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