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(영문) 부산지방법원 2016.06.23 2016노631
직업안정법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, etc.) is too unhued and unfair.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as: (a) twice a fine for a violation of the Seafarers’ Act, which is a similar crime committed in the instant case; (b) twice a suspended sentence imposed once a fine; and (c) two times a fine for a violation of the Occupational Stabilization Act; and (d) a crime committed in the instant case during the suspended sentence

However, considering the fact that the Defendant led to the confession of the instant crime, the Defendant’s act was against the Defendant’s left-hand hand, and became the disabled of class 4 without delay due to the cut off of four remaining-hand hand, and other various circumstances, including the Defendant’s age, sex, environment, family relationship, means and consequence of the instant crime, and the circumstances following the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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