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(영문) 광주지방법원 2015.12.17 2015노1449
결혼중개업의관리에관한법률위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (the fine of 500,000 won) is too unreasonable.

Judgment

The crime of this case is that the defendant introduced two or more women at the same time and at the same place when the defendant did not provide the defendant with personal information, such as the marital career, to the other female who wants to be international marriage in writing, and the quality of the crime is not weak.

In addition, in order to prevent various problems that occur after marriage in the situation where international marriage is increasing recently, there is a great need to punish illegal brokerage of marriage brokers.

However, considering the following factors: (a) the Defendant’s mistake is recognized as a whole, and the Defendant’s partial crime is against the law; (b) the degree of illegality was caused by the site of the law; (c) the Defendant’s registration of the marriage brokerage business, which has been operated for more than 12 years, appears to be revoked if the Defendant’s fine is finalized; and (d) the Defendant’s primary offender who has no previous conviction is considered as a favorable sentencing factor; and (e) other sentencing factors in the pleadings, including the background of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age, character, conduct, and environment, the Defendant’

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Criminal facts

The summary of the facts constituting an offense and the gist of evidence acknowledged by this court is as follows: (a) except that the part of the Defendant’s statement in the first trial record is used “1. The Defendant’s statement in the trial record” in the first trial record of the court below, and all of the judgment below are identical to each corresponding column of the court below; (b) thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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