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(영문) 수원지방법원 2019.09.20 2019노3830
출입국관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued and unreasonable.

2. The fact that a foreigner employed by the defendant is not only six persons but is disadvantageous to the defendant.

On the other hand, the following conditions are favorable.

The defendant's business is closed down and does not repeat a crime.

The defendant has no power of the same kind.

In light of the aforementioned circumstances, the lower court sentenced the Defendant to a fine of eight million won.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion when comprehensively considering the conditions of sentencing and the applicable sentences in the trial, or that it is deemed unfair to maintain the lower court’s determination of sentencing.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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