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(영문) 의정부지방법원 2020.11.11 2019노3261
출입국관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) 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

(2) In light of the aforementioned legal principles, the court below’s determination of sentencing conditions on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the aforementioned legal principles, the Defendant employed 13 foreigners who did not have the status of sojourn allowing the Defendant to engage in job-seeking activities, and the Defendant was subject to criminal punishment for the same kind of crime in the past. However, in the instant case, the period during which the Defendant employed the said foreigners is relatively short, and the Defendant was unlikely to repeat a crime due to the instant case’s discontinuance of business. Furthermore, the court below determined the sentence by sufficiently considering all the circumstances that include the circumstances asserted by the prosecutor as the grounds for appeal, and there was no change in sentencing conditions compared with the lower court’s submission of new materials at the trial. In full view of all of the reasons for sentencing in the instant case’s records and arguments, the lower court’s punishment is deemed to have exceeded the reasonable discretion

3. In conclusion, the prosecutor's appeal 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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