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(영문) 대구지방법원 2016.12.14 2016노3538
고용보험법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. It is recognized that the judgment defendant has no record of punishment for the same crime.

However, the crime of this case requires strict punishment in terms of impairing the soundness of the employment insurance business and causing the financial soundness of the State. The fact that illegal unemployment benefits are more than 63 million won in total, the defendant has the record of being punished several times, and there is no change of circumstances that may otherwise determine the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc. are considered in consideration of all the sentencing conditions stated in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, it is not recognized that the court below's punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant'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.

(However, the application of the law in the judgment of the court below is clear that the "paragraph (1)" was erroneously omitted after the "Article 70 of the Criminal Act" in the Nowon-gu Detention Clause, and such addition is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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