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(영문) 의정부지방법원 2016.01.19 2015노2826
출입국관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment with prison labor and two years of suspended sentence) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflect on the instant crime, and that the Defendant appears to have employed an illegal staying person to operate the factory, and some of the circumstances of the instant crime can be considered.

B. However, since around 2004, the Defendant received a notice of penalty on suspicion of employing a person without the status of stay, and carried out it three times, and the Defendant filed a complaint on July 23, 2013 due to the failure to implement the notice disposition, and the Defendant was sentenced to a fine of KRW 7 million for the same kind of crime on July 23, 2013, and this court committed the instant crime. The instant crime: (a) employing a person with no status of stay eligible for employment; (b) the Defendant deprived of employment opportunities for a foreigner with the status of stay for employment with the status of stay for Korean nationals and employment and disturbs management of foreigners staying in the Republic of Korea; and (c) comprehensively taking account of the Defendant’s age, background, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable even if considering the circumstances favorable to the Defendant earlier.

(c)

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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.

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