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(영문) 대전지방법원 2014.11.20 2014노1789
직업안정법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (the defendant A: one year and two months of imprisonment; three years of probation; three years of community service order; 120 hours of imprisonment; Defendant B: seven months of imprisonment; and two years of probation) declared by the court below against the defendants is too unfasible and unfair.

2. The Defendants are punished more than a suspended sentence due to the same crime; Defendant A was punished more than 124 times for a considerable period of one year; Defendant B committed the instant crime over 30 times for a considerable amount of profits earned by Defendant A from the instant crime. The instant case is deemed to have a considerable amount of profits earned by the Defendants as a result of the Defendants’ employment of Korean women in an overseas entertainment drinking club, and thus, the Defendants’ external image was damaged in Korea and the physical risks of overseas employed women are not good. However, even though the Defendants are recognized as all of the instant crime, and there is a profound violation of the nature of the Defendants’ perception and mistake; Defendant A voluntarily participated in an investigation by attending the investigative agency; Defendant B actively cooperates with the investigation; Defendant B appears to have received 1/50,000 of the ordinary introduction fee only if any young women request the employment of an overseas entertainment facility; Defendant A’s employment abroad through the Defendants received strong or unfair treatment; Defendant 1’s age before and after the instant crime and/or unfair punishment; and Defendant 5’s motive, etc.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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