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(영문) 서울중앙지방법원 2013.12.05 2013노2732
공전자기록등불실기재등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the lower court sentenced the Defendants (e.g., two years of suspended sentence in October, two years of suspended sentence in October, two years of suspended sentence in Defendant B, and two years of suspended sentence in June) are too uneased and unfair.

2. Determination on the grounds of appeal of this case as to the act of filing a false marriage for the purpose of staying in the Republic of Korea, such as the crime of this case, is disadvantageous to the Defendants, such as the fact that the act of filing a false marriage for the purpose of staying in the Republic of Korea may endanger social credibility in computer records, which is a public electronic record of the family relations register, and that there is concerns over causing various social problems by massing illegal aliens, and that there is a lot of frequency

However, on the other hand, there are no records of punishment for the same crime, Defendant A and C, Defendant B did not have any specific penal power, except for punishment for the same crime on or around March 201. In full view of the various circumstances, including the Defendants’ respective ages, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, and the sentencing conditions specified in the present arguments and records, it is not recognized that the lower court’s punishment should be reversed, and thus, the Prosecutor’s assertion is not acceptable.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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