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(영문) 창원지방법원 2015.11.04 2015노1526
직업안정법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (eight months of imprisonment, two years of suspended execution, and probation) is too unreasonable.

2. The instant crime is determined by the following: (a) Defendant B, on the cafeteria operated by the victim X, destroyed a smoke of gas services equivalent to KRW 180,00,00 at the right angles on the face of hand; (b) opened a so-called "so-called "so-called" without being registered with the competent authority from May 2, 2010 to June 11, 2013; and (c) arranged a so-called "so-called "so-called" at the main store, etc.; and (d) received approximately KRW 7,000 from February 2, 2012 to around January 2, 2013, Defendant C provided a fee for job placement services without being registered with the competent authority in the same manner as above; (c) Defendant C was aware of the instant crime; and (d) Defendant C was punished by a fine other than Defendant B and Defendant B did not appear to have been punished by a criminal agreement.

However, for about three years Defendant B, Defendant C does not have a short period of illegal news reporting business for about one year, and Defendant C has a record of criminal disposition at least ten times, and there is no change of circumstances that may be considered in sentencing after the decision of the lower court.

In addition, Defendant B stated that “The monthly average amount of KRW 2,00,000 per month was punished by approximately KRW 70,000,000” by the police. Defendant C stated to the effect that “The prosecution was punished by both inside and outside of KRW 50,000 per month for about 11 months.”

In addition, considering various circumstances, such as the Defendants’ age, character, conduct and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

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