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(영문) 의정부지방법원 2020.02.07 2019노1222
출입국관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) of the lower court is too unfilled and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of this case is recognized as having employed 14 foreigners who did not have the status of sojourn eligible for job-seeking activities, and the nature of the crime is minor.

However, considering all of the sentencing factors indicated in the records and arguments of this case, such as the Defendant’s age, character and conduct, the background of the instant crime, and the circumstances after the instant crime, it is difficult to deem that the lower court’s punishment is too unjustifiable, and thus, is unreasonable, considering the following factors: (a) the Defendant’s confession and the instant crime were committed; (b) the period of the instant crime was not relatively long; (c) the Defendant did not have any history of having been punished for the same kind of crime; and (d) there was no change in the lower court’s punishment after the sentence of

Therefore, the prosecutor's above assertion is without merit.

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

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