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(영문) 대구지방법원 2018.05.17 2018노136
출입국관리법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (Defendant A: 1 year of suspended sentence in April, and Defendant B: 5 million won in fine) is too unreasonable.

B. The Prosecutor (the Defendant B Company)’s sentence imposed by the lower court on the Defendant B Company is too unhued and unreasonable.

2. Reviewing the Defendants and the prosecutor’s respective arguments on the imposition of sentencing together with each of the following: (a) the Defendant employed 11 foreigners who did not have the status of stay; (b) the nature of the offense is not somewhat weak; and (c) Defendant A appears to have an attitude to recognize and reflect the crime; (d) Defendant A has no record of punishment and penalty exceeding the amount of punishment for the same crime; and (e) Defendant A seems to have been in good faith management during the period of the offense; and (b) other factors of sentencing as shown in the records and arguments, including Defendant A’s age, sexual behavior, environment, means and consequence; and (c) taking into account all the circumstances after the crime, etc., it cannot be deemed that the lower court’s determination on the imposition of sentencing exceeded the reasonable limit of discretion, or is unfair to maintain them as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the prosecutor’s allegation that the lower court’s punishment against the Defendants was too excessive or unreasonable for each of the Defendants.

3. In conclusion, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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