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(영문) 서울남부지방법원 2018.09.13 2017노298

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended execution, two years of community service order) is too uneasible and unfair.

2. The Defendant did not pay the unpaid wages and retirement benefits to the employees up to the trial. The employees want to punish the Defendant.

However, the Defendant recognized the instant crime and opposed it.

There is no particular criminal record against the defendant.

In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, criminal experience, and all the sentencing circumstances shown in the records and arguments of this case, the sentence of the court below is too unaffortable and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.