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(영문) 수원지방법원 2018.08.24 2018노3234
출입국관리법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 6 million for each of the above fines) is too unhued and unreasonable.

2. The fact that the Defendants did not short the period of employing a foreigner in an illegal stay, and that employing an unqualified foreigner is disadvantageous to the fact that the employment of the said foreigner is difficult to control entry and departure of the foreigner and causes social problems arising from illegal stay.

On the other hand, the defendant employed other foreigners than one person listed in the facts constituting the crime in the decision of the court below.

There is no material to see that there is no other evidence, and that there is no other record of criminal punishment until now is favorable.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the commission of the crime, the age of Defendant A, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unjustifiable and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

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