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(영문) 부산지방법원 2014.12.11 2014노3573
영유아보육법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (Defendant 1: 6 months of imprisonment, 2 years of suspended sentence, 80 hours of community service, 5 million won of fine, 3: Defendant 4 million won of fine) is deemed to be too uneasible and unfair.

Judgment

The crime of this case is committed by the Defendants with false registration of infant care teachers or infant care students in child care centers and the nature of the crime is not good. However, there is no criminal power against the Defendants, and the subsidies illegally received was recovered from the State. In light of the motive and circumstance of the crime of this case, the circumstances after the crime was committed, the Defendants’ age, character and conduct, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentencing of the lower court is too unjustifiable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal is without merit. It is so decided as per Disposition

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