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(영문) 인천지방법원 2020.07.24 2019노4070
출입국관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the reasoning for the sentencing, the lower court determined a sentence in consideration of the favorable circumstances and unfavorable circumstances for the Defendant, as stated in the reasoning for the sentencing. There is no change in circumstances that may consider the sentencing after the lower judgment, and considering the various sentencing conditions in the records and arguments, the lower court’s sentence is too unreasonable even if considering the circumstances alleged by the Defendant as the grounds for appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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