근로기준법위반등
The prosecutor's appeal is dismissed.
1. The court below's decision to dismiss public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act on the ground that each victims mentioned in the detailed statement of the money and valuables in arrears in the attached Form No. 9, 31, 41, and 52 expressed their intent not to punish the defendant after filing the prosecution of this case, and sentenced the defendant guilty of the remaining charges except this, and the prosecutor filed an appeal on the ground of unfair sentencing as to the guilty portion only. Thus, the part dismissing public prosecution was separated and finalized as it is.
Therefore, the scope of the judgment of this court against the judgment below is limited to the conviction except the above dismissed dismissal part.
2. The prosecutor of the gist of the grounds for appeal asserts that the sentence imposed by the court below (two years of suspended sentence in six months of imprisonment) is too unfluent and unfair.
3. The crime of this case is the case where the Defendant did not pay the wages and retirement allowances of the employees employed by the Defendant without agreement on the extension of the due date, and the total amount of unpaid wages, etc. is recognized as considerable.
However, considering the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) there has been no history of punishment for the same crime beyond a fine so far; (c) the termination of the contract with the Korea Highway appears to have occurred due to the termination of the contract with the Korea Highway; and (d) the fact that there was an additional agreement with the victim I on the detailed statement of the money and valuables in arrears in the attached form No. 5; and (c) the Defendant’s age, character and conduct, environment, motive and background of the offense; (d) means and method of the offense; and (e) the circumstances surrounding the argument and the sentencing indicated in the record of this case, such as the circumstances after the
4. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.