logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.05.14 2019노6581
출입국관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (7 million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the following circumstances are favorable to the Defendant: (a) Dominant, the Defendant’s primary offender with no criminal history, and the Defendant’s recognition of all of the instant crimes.

However, in full view of the following circumstances: (a) the number of foreigners employed by the Defendant is not many; (b) the crime of illegal employment against foreigners is not so much likely to undermine the effectiveness of the State’s immigration control policy; and (c) it is necessary to strictly punish foreigners since there are considerable harm to society as a whole, such as promoting illegal stay by foreigners; and (d) there is no change in the sentencing conditions compared with the original judgment because new sentencing materials have not been submitted in the trial; and (e) other circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., which form the conditions for sentencing as shown in the records

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

arrow