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(영문) 서울동부지방법원 2013.04.12 2013노266
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

provided that this ruling has become final and conclusive.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is inappropriate in light of various circumstances that are favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means of the crime of this case, the result of the crime, the circumstances after the crime, the balance between the punishment for E, an accomplice, and the punishment for the defendant (two years of imprisonment with prison labor for six months) as well as the punishment for the crime of this case, in consideration of the following circumstances: (a) the criminal acts of this case may disturb the status of the Republic of Korea through disguised marriage, undermining the authenticity of the family relationship registration system; (b) the alien is provoking of illegal aliens to cause social problems; and (c) the government's immigration control affairs are obstructed; (d) the criminal acts of this case are divided into each of the crimes of this case; and (e) the defendant has no record of punishment for the defendant.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 228 (1) and Article 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment for each of them, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered in favorable circumstances in the preceding);

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