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(영문) 광주고등법원 2014.12.11 2014노357
영리유인등
Text

The prosecutor's appeal is dismissed.

Reasons

The court below dismissed the prosecution against the violation of the Labor Standards Act among the facts charged in this case, and convicted the remainder of the facts charged, and appealed only to the prosecutor.

The judgment below

Since the dismissal of public prosecution is separated from the failure of both parties to appeal, the scope of inquiry of this court shall be limited to the conviction of the original judgment.

Summary of Grounds for Appeal

The sentence (one year and six months) of the lower court is too unhued and unfair.

Judgment

Even persons with disabilities or persons who lack intellectual ability shall be respected with dignity and value as human beings and treated as appropriate for them.

The crime of this case was committed by inducing a victim for profit for about six years using the fact that the victim is under intellectual ability, etc., and the crime was committed for a long time without paying the victim's wages, and the nature of the crime is not good.

However, since the so-called "Samine" case has become public debate and it is not possible to seek labor force in the near large number of so-called salt farms where the defendant resides before eradicating the criminal act, there are some reasons to consider the circumstances leading to the crime of this case, such as the defendant's implied act, etc., and the defendant reflects his mistake by committing the crime of this case for about three months, and the defendant provided residence and meals to the victim while carrying the victim, provided the victim with medical treatment at the hospital, and had no cruel act such as assaulting the victim, etc., damage was considerably recovered by paying most of the defendant's wages sealed to the victim, and the victim did not want punishment. The defendant is the first offender with no criminal power, and the defendant's age, character and behavior, environment, circumstances of the crime of this case, circumstances after the crime of this case, etc.

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