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(영문) 광주지방법원 2017.07.05 2017노1802
직업안정법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 2,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the crime of this case is not good and that the defendant committed the crime of this case again even though he had a previous conviction in several times, strict punishment against the defendant is needed.

However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, the defendant's above assertion is justified, and the prosecutor's above assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Article 355(1) of the Criminal Act (the point of embezzlement), Article 47 subparag. 1, Article 19(1) of the Vocational Stability Act (the point of a business providing a fee-free job placement service), Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, Article 347(1) of the Criminal Act (the point of damage to property) of the Criminal Act, Article 347 of the Criminal Act (the point of fraud): Each fine for violation of the Act on the Employment Stabilization under Article 355(6) of the Criminal facts in the holding of the lower judgment, and each choice of imprisonment for the remaining crimes, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and 3 of the Criminal Act, which shall be aggravated for concurrent crimes.

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