(영문) 창원지방법원 2017.09.13 2017노1566 | 리걸엔진

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(영문) 창원지방법원 2017.09.13 2017노1566

출입국관리법위반

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Even based on the fact-misunderstanding “2017 Highest 485 Highest 485, the number of persons who sent a false invitation letter is 32, and only seven persons except 25 persons prosecuted for the consolidation of cases is the false invitation number.

Since the defendant related to the "2017 Highest 1124" did not make a false invitation from 2016, each of the crimes in [Attachment 24 and 25] in the judgment of the court below is not the defendant.

B. Sentencing

2. In full view of the evidence duly adopted and examined in the lower court’s determination as to the assertion of mistake of facts, all of the facts constituting the crime in the lower judgment are recognized.

Therefore, we do not accept the defendant's assertion of mistake of facts.

3. The lower court, based on the favorable circumstances, determined a sentence by taking account of the following: (a) the number of crimes in this case is not good; (b) the Defendant led to confession; (c) the Defendant did not have the same criminal record, other than twice before and after the death penalty; and (d) the fact that there was a family member to support the Defendant.

In light of the following circumstances, the record and change theory, the witness BA’s trial testimony, namely, the fact that the defendant seems to have faithfully worked and supported his/her family until the transfer of the instant case, and that the defendant does not repeat his/her offense, and the family members also want the defendant’s prior domicile, and taking into account the sentencing conditions, such as the defendant’s age, sex, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below is somewhat unreasonable.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, Article 369 of the Criminal Procedure Act is applicable.

유사 판례

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-인천지방법원 2017.09.21 2017고단690

-창원지방법원 2018.09.20 2018고단1341