(영문) 부산지방법원 2013.10.11 2013노2516 | 리걸엔진

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(영문) 부산지방법원 2013.10.11 2013노2516

출입국관리법위반

Text

The judgment below

The part against the Defendants is reversed in entirety.

Defendant

A Imprisonment for one year, and Defendant C shall be punished.

Reasons

1. The summary of the grounds for appeal against the Defendants is too unreasonable in the lower judgment’s respective sentences (one year and six months of imprisonment; ten months of probation; two years of probation; two years of community service order; 40 hours of community service order; Defendant F and G: each fine of KRW 5,00,000).

2. In full view of the judgment below, the defendants recognized the crimes and reflect their depth, the defendant C had been detained for about five months in the instant case, and the health of the defendants is extremely poor due to diseases such as urology, high blood pressure, etc., the defendants F did not have the same criminal records, and the defendants F did not have the initial criminal records, and all the matters concerning the sentencing specified in the records and arguments of this case are deemed unfair since each punishment of the judgment below against the defendants is deemed unfair. Thus, the defendants' assertion is justified.

3. Accordingly, the part of the judgment below against the Defendants in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the appeal against the Defendants is rendered following the pleadings.

Criminal facts

The summary of the facts of the crime and the summary of the evidence recognized by this court are as follows, except that "A, AH, and E (25)] is a list of foreigners who invite a administrator of a partnership to a conflict of interests" (A, AH, and E (26)) in the attached Form 13 of the judgment of the court below, and the summary of the evidence is as stated in each corresponding column of the judgment of the court below, since it is identical to the corresponding column of the judgment of the court below, in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 94 subparag. 2-3 and 7-2 of the former Immigration Control Act (amended by Act No. 10282, May 14, 2010); Articles 94 subparag. 3 and 7-2 of the Immigration Control Act (Crimes before November 15, 2010 of Defendant A); Articles 94 subparag. 3 and 7-2 of the Immigration Control Act (Crimes and the remaining Defendants after November 15, 2010 of Defendant A); Article 30 of the Criminal Act concerning criminal facts

1. Defendant A, C: Defendant F and G of the option of imprisonment with prison labor: Selection of each fine;

1. Aggravation of concurrent crimes (the defendants)

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