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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the following: (a) all the Defendants were the first offender who has no criminal record of criminal punishment; (b) the Defendants actively cooperate in the investigation after the judgment of the court below to contribute to the arrest and prosecution of other false refugee application Brers; and (c) in the case of Defendant A (hereinafter “A”), the young children, who were taken care of alone, forced to depart from the Republic of Korea due to the investigation and trial due to the instant crime; and (d) anticipated that the long-term detention would result in considerable difficulties in supporting the Defendants (the Defendant A: 10 months of imprisonment and the Defendant C (hereinafter “C”).
.. : The imprisonment of one year and two months) is too unreasonable.
B. The above sentence imposed by the court below on Defendant C is unreasonable in light of the nature of the crime.
2. In light of the following facts: (a) the Defendants applied for or arranged status of stay in an unlawful manner with respect to aliens exceeding 120 persons when they applied for a false refugee application in return for monetary compensation; (b) the relevant criminal act is intelligent planned and the period for committing the instant crime is not short; (c) there is a need to strictly cope with the instant crime as it may adversely affect the overall operation of the refugee system; and (d) taking into account various sentencing conditions indicated in the instant records and arguments, such as the Defendants’ age, character, conduct, environment, status relationship, etc., the sentence imposed by the lower court is deemed appropriate; and even if considering the circumstances asserted by the Defendants and the Prosecutor as the grounds for appeal, it does not seem that the sentence imposed by the lower court is too heavy or unreasonable.
3. In conclusion, since all appeals filed by the Defendants and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, Article 25 of the Regulations on Criminal Procedure.