Text
The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (six months of imprisonment and one year of suspended execution) is too unreasonable.
2. The lower court, based on favorable circumstances, sentenced the aforementioned sentence by taking into account the following factors: (a) the number of illegal staying workers employed by the Defendant has not reached 12 persons; (b) the Defendant had no record of having been punished by the same kind of crime or fine or heavier punishment; (c) the recognition of the instant crime; and (d) the violation of the Act; and (c) the working period of illegal staying workers is relatively short.
In full view of the circumstances as above, the court below’s employment of foreigners without status of stay, other than the aforementioned circumstances, takes into account the unfavorable circumstances that it is necessary to strictly control the employment market normalization and encourage the illegal stay of the relevant foreigners, and taking into account all of the sentencing conditions, such as the defendant’s age, sex, environment, circumstances leading to the crime, means and result, scale of the crime, and circumstances after the crime, the sentence imposed by the court below is deemed appropriate and the sentencing judgment by the court below exceeded the reasonable limit of discretion.
There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.
3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.