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(영문) 서울중앙지방법원 2013.10.17 2013노2595
직업안정법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a case where the Defendant had been punished twice for the same kind of crime, the lower court sentenced the Defendant to a fine of KRW 6 million in the event of the fact that the Defendant had been sentenced to a fine of KRW 2 million, and that it seems that the Defendant could not prevent the recidivism of the offense by the fine, the lower court’s sentencing is too uneasible and unfair.

2. Although the prosecutor’s decision on the grounds of appeal is not acceptable, the circumstances alleged as the grounds of appeal are not acceptable. On the other hand, it appears that the defendant was engaged in another business for a considerable period after being punished for the same kind of crime, and was committed to prevent the defendant from committing the crime in this case due to child rearing expenses, etc.

In light of the following: (a) the size of the news report room operated by the Defendant is small and the gains that the Defendant acquired as a result of the small size of the news report room; (b) the Defendant said that he/she would not repeat again while reflecting his/her mistake in depth; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other circumstances that form the conditions of the argument and the sentencing indicated in the record, such as the circumstances after the crime, etc., it is not determined that the fine imposed by the lower court is unreasonable as it is too too unreasonable

Therefore, prosecutor's assertion is not accepted.

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

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