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(영문) 광주고등법원 2015.02.12 2014노436
영리유인등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four years of imprisonment with prison labor for a two-year grace period) is too unhued and unreasonable.

2. The Defendant also infringed human rights that ought to be enjoyed as human beings by inducing the victim in a position where it is difficult to make a normal judgment because the intelligence index is merely 45, and allowing the disabled to work at the salt farm it operates for a considerable period of time, and not paying the minimum wage.

Furthermore, as in the instant case, when human rights violations, etc. occurred in the course of employing disabled persons have been reported to the media, the victim was spawned and concealed devices of prisoners of war, and the victim did not reach an agreement with the victim so that he/she would be justified in

These points are disadvantageous to the defendant.

On the other hand, the following circumstances are favorable to the defendant.

① The Defendant made a confession and reflect on all of the crimes of this case.

(2) The defendant has no record of punishment for the same kind of crime in the past.

③ During the trial of the lower court, the Defendant deposited for the victim a considerable portion of the amount of damage caused by quasi-Fraud during the instant crime (80 million won).

(4) The current urology, high blood pressure, etc. shall undergo medical treatment.

(5) During the period of detention for about six months, the same mistake will not be rescheduled in the future.

Considering the above grounds for sentencing as well as the various circumstances indicated in the instant pleadings, such as the Defendant’s age, character and conduct, family relation, environment, details and degree of crime, and circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, the prosecutor's above assertion is justified.

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

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