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(영문) 대구지방법원 2020.07.24 2019노2998
출입국관리법위반
Text

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

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (for each of the defendants, KRW 4 million) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) The Defendants were sentenced to punishment on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court: (a) under its circumstances as indicated in its reasoning, given that the Defendants employed 15 foreigners who did not have the status of stay that can be legally employed in the Republic of Korea; (b) the Defendants recognized their mistake and reflects that they were punished; (c) the Defendants did not directly employ foreigners who did not have the status of stay that can be legally employed; (d) the Defendants did not directly employ foreigners who did not have the status of stay that could be legally employed; and (e) the Defendants did not have any special circumstances or changes in circumstances that could change the sentence of the lower court at the trial; and (e) the Defendants’ age, character and conduct, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court cannot be deemed unreasonable to have excessively exceeded the reasonable scope of discretion imposed by the lower court.

3. The prosecutor's appeal against the defendants is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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