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(영문) 광주지방법원 2020.10.15 2020노1877
출입국관리법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, and confiscation) is too unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The lower court determined a sentence against the Defendant by taking into account favorable circumstances, such as the following: (a) the nature of the offense was extremely poor; (b) the personal and social harm was serious; (c) the instant crime was committed by the Bosing Organization as a means to realize the benefit of the offense; and (d) the victims’ damage was not recovered properly; (c) the Defendant led to the confession of the offense; (d) there was no record of punishment in the Republic of Korea; (e) there was any circumstance to take into account the circumstances leading up to the participation in the instant crime; and (e) there was no history of punishment in the Republic of Korea; and (e) the victims’ damage was partially recovered due to return.

C. Based on the above legal principle, there is no change in the above sentencing conditions compared with the court below, and even considering the sentencing balance with the same kind of crime, Defendant’s age, character and conduct, motive of the crime, circumstances after the crime, etc., the court below’s punishment is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

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

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