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(영문) 인천지방법원 2018.12.12 2018노3435
출입국관리법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of various sentencing conditions indicated in the records and arguments in the instant case, including the following: (a) the Defendant 132 times in total for seven months, by submitting a false application, etc. to allow foreigners to file an application for permission to change the status of sojourn or to extend the period of sojourn; (b) the Defendant actively committed the instant crime by taking advantage of the position of an interpreter; (c) the Defendant appears to have committed the instant crime at a disadvantage against the Defendant, but the Defendant appears to have actively cooperated with the investigation into other referrals; and (d) the Defendant appears to have actively cooperated with the investigation into the other referrals; and (e) the execution of the sentence becomes final and conclusive and conclusive, and the Defendant is highly likely to be forced overseas in accordance with the procedures prescribed by the Immigration and

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 94-2 of the relevant Act and Article 94-17-2 of the Immigration Control Act, Article 26 subparagraph 2 and 1 of the same Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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