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(영문) 청주지방법원 2020.05.29 2019노1092
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 (4 million won of a fine) is too unreasonable.

2. Determination

A. 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

B. The circumstance is favorable to the defendant, such as the fact that the defendant recognized and reflecteds the crime, the absence of the same criminal records, the fact that the defendant is studying in the university as North Korean defectors and supporting two spouse and children, and that he/she maintains a difficult livelihood as a basic recipient.

The crime of this case is an unfavorable circumstance to the defendant, such as the promotion of illegal stay of foreigners and the impairment of the state's immigration control function, and the liability for such crime is not less weak, and the number of foreigners employed by the defendant is not considerable.

The court below sentenced a sentence that is lower than the fine (five million won) of a summary order by comprehensively taking into account the following circumstances: the defendant's age, character and conduct, environment, means and consequence, and circumstances after the crime, etc., which are conditions for sentencing as shown in the argument of this case, including the circumstances after the crime, etc., and thus, it cannot be deemed that the sentence of the court below is too unreasonable.

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

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