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(영문) 수원지방법원 2018.07.20 2018노1901
외국인근로자의고용등에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (each of the crimes related to C, D, and E as indicated in the judgment of the court below: fine of KRW 7 million; and each crime related to F, G, and H as indicated in the judgment of the court below: fine of KRW 5 million) is too unfasible and unfair.

2. The fact that the defendant had been punished as a crime related to foreign workers in the past is disadvantageous to the defendant.

On the other hand, it is more favorable that the defendant does not have any profit from the crime of this case, and that the defendant's mistake is divided, and it is against the truth.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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