logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.25 2016노1718
출입국관리법위반등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than two years and six months.

1,992,500,000 won from the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the respective punishment of the lower court (the imprisonment with prison labor for 8 months and the collection of penalties, and the imprisonment with prison labor for 2 years and the collection of penalties) is too unreasonable.

2. Before deciding on the grounds for appeal by the Defendant’s ex officio, this Court tried by combining the appellate cases against the judgment of the court below. Each of the offenses committed by the court below, which was consolidated in the trial, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be reversed.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Article on criminal facts, Articles 99(1), 93-2(2)1, and 12(1) of the Immigration Control Act, Article 30 of the Criminal Act, Article 269(2)1, and Article 241(1) of the Criminal Act, Article 30 of the Criminal Act, Article 93-2(2)1, and Article 12(1) of the Immigration Control Act, Article 30 of the Criminal Act, each of the Immigration Control Act, Article 93-2(2)1, and Article 12(1) of the Immigration Control Act, Article 30 of the Criminal Act, each of the types of imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes (Article 35 of the Criminal Act concerning a violation of each Customs Act and a violation of each Immigration Act concerning illegal entry into a group of foreigners for profit);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 282(3) and (2) of the Customs Act, the Criminal Act;

arrow