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(영문) 부산지방법원 2015.01.13 2014노2606
직업안정법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of KRW 4 million imposed by the court below on the defendant.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor deleted 3-6 of the facts charged against the defendant in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court, and the defendant conducts job placement services for seafarers although the defendant is not a job seeking and job offers registration agency, seafarer management business operator, marine fishery-related organization, or institution prescribed by Ordinance of the Ministry of Oceans and Fisheries. On the other hand, the defendant applied for changes to the bill of amendment to the bill of amendment to the bill of amendment to the bill of amendment, which is the violation of the Seafarers Act, and the applicable provisions of the Act were changed by this court, and the judgment below cannot be maintained any longer.

3. Thus, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court are deleted from the facts constituting an offense as indicated in the original judgment, and the summary of the evidence is as stated in the relevant column of the original judgment, except for adding "this is the case where the defendant is not a job seeking or job offers registration agency, seafarer management business operator, or organization or institution related to maritime affairs and fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries" to the last part of the facts constituting an offense as indicated in the original judgment, and therefore,

Application of Statutes

1. Article 171 of the Seafarers Act and Articles 171 and 110 of the Seafarers Act concerning criminal facts, the selection of fines, and the selection of fines;

1. The Defendant committed the instant crime for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouse.

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