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(영문) 광주지방법원 2017.03.28 2016노5154
직업안정법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment is too excessive and unfair, while the prosecutor filed each appeal by asserting that it is too unfasible and unfair.

2. It is true that the Defendant is responsible for the livelihood of the disabled spouse and children.

However, since the defendant was punished 16 times for the same crime and was sentenced to the suspension of the execution of imprisonment with prison labor, it is inevitable to sentence the defendant to the punishment for the crime of this case.

In addition, considering the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, etc., it is difficult to view that the lower court’s punishment is within the reasonable scope of discretion and is too heavy or frighted to destroy it.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, 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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