logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.12.15 2017노3629
출입국관리법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (each confiscation of 10 months of imprisonment, 7, 12, 14, 16, 20, 22, 25-27) is too heavy or is too heavy (the prosecutor).

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

The crime of this case is an organized crime committed by inviting foreign women to provide them to domestic entertainment establishments with false documents, and considering that foreign women staying illegally can be the object of entertainment in the blind spot for the protection of human rights, it is difficult to view it as a mere disturbance for immigration control.

The degree of the defendant's participation in the statements of related persons (E, H, U, etc.) is not weak.

On the other hand, the defendant shows an attitude to recognize and reflect the crime of late late, and the family members who should support are trying to be able to support.

It seems necessary to consider the fact that Defendant’s health is not good, and the balance between E (10 months of imprisonment) and H (1 year of imprisonment) that instructs Defendant to commit a part of the instant crime.

Considering the above circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and background of the crime, the lower court’s punishment is too heavy or is deemed unreasonable.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow