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(영문) 인천지방법원 2014.10.17 2014노2510
직업안정법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that each of the original judgments (the defendant A: imprisonment for eight months, the suspension of the execution of two years, and the fine of one hundred and fifty million won) is too unhued and unreasonable;

2. Although the Defendants had already been punished for the same kind of crime, repeated crimes of this case were committed, there are unfavorable circumstances, but on the other hand, all the Defendants led to confession and reflect in depth the crime of this case, there is no record of punishment heavier than the suspended execution due to the same crime, and other various sentencing conditions as shown in the records and arguments, including the Defendants’ age, happiness and family environment, and circumstances before and after the crime, it is difficult to view that the lower court’s punishment against the Defendants is too uneasible.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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