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(영문) 창원지방법원 2017.08.09 2017노911
직업안정법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. All the Defendants are against themselves when committing a crime, and have no record of being punished for the same crime.

Defendant

A is relatively short of the period of crime, and Defendant E has no record of punishment exceeding the fine.

However, the crime of this case is established by the Defendants’ establishment of the so-called news room, and it is deemed that the Defendants engaged in the business of free-registration fee-charging job opening by arranging singing singing, and thus, the liability for the crime is not minor. In the case of Defendant E, Defendant A had a criminal record of this case, and Defendant E had a criminal record of this case for a long period of up to two years and three months, and the Defendants did not have much profits from the crime, as well as other factors of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sexual behavior, environment, motive and means of the crime, circumstances after the crime, equity with other Defendants of the lower court (two years of suspended execution of each imprisonment for six months) are reasonable within the reasonable scope of discretion, and there is no change in the situation that is a condition for sentencing in the trial compared to the lower court.

The Defendants’ assertion is without merit.

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

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