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(영문) 광주지방법원 2018.07.12 2016노4429
직업안정법위반
Text

Defendant

All appeals filed by the Prosecutor against A, C, D, E, F, G, and H and appeals filed by the Prosecutor against C, E, BD, H and J are dismissed.

Reasons

1. Defendant H’s judgment on the appeal filed by Defendant BD and H on November 2, 2016, and Defendant BD on November 3, 2016, and each of the lower judgment rendered on November 3, 2016. Defendant H filed an appeal, and Defendant BD received each of the relevant records of trial on November 22, 2016, and Defendant BD received each of the notice of receipt of the relevant records of trial on May 10, 2018 but did not submit a written reason for appeal within 20 days from each of them, it is apparent in the record, and there is no description of the grounds for appeal filed in the petition of appeal, and even after examining the record, it is impossible to find the reasons for ex officio examination.

2. Summary of the grounds for appeal by the defendant A, C, D, E, F, G and prosecutor

A. Defendant A, C, D, E, and G’s sentence (Defendant A: imprisonment of one year, three years of suspended sentence, Defendant C, and E: Each fine of 20,00,000 won, Defendant D, and G: each fine of 10,000,000,000 won) is too unreasonable.

B. Defendant F (1) At the time of the instant case, the Defendant was unaware of the fact that he had to register with the competent authority when operating a fee job placement service.

Therefore, the Defendant did not know that his act was a crime under the law.

It is not guilty as it is.

However, the court below which found the defendant guilty has erred by misunderstanding the facts.

(2) The sentence of the lower court (an amount of KRW 10,00,000) that is unfair in sentencing is too unreasonable.

(c)

The Prosecutor’s sentence against Defendant A, C, E, BD (10,000 won in penalty), H (10,000,000 won in penalty) and J (15,000,000 won in penalty) of the lower court is unreasonable because it is too unfasible.

2. Judgment on the grounds for appeal

A. Article 16 of the Criminal Act of the judgment of the defendant F's assertion of mistake as to the defendant F's act of misconception that his act does not constitute a crime under the law, shall not be punishable only when there are justifiable grounds for mistake.

The Act stipulates.

This is generally constituted a crime, but it does not constitute a crime that is permitted by law in light of its special circumstances.

It is recognized that such a mistake is not punishable if there is a justifiable reason.

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