근로기준법위반등
The prosecutor's appeal is dismissed.
1. As to the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act with respect to workers B and C among the facts charged in the instant case, the lower court dismissed the public prosecution on the ground that the above workers voluntarily expressed their intent to punish the Defendant, and the prosecutor appealed against the conviction among the lower judgment.
Therefore, among the judgment below, the dismissed part of the judgment below is separated and confirmed as it is and excluded from the scope of the judgment of this court, and only the guilty part becomes the object of the judgment
2. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.
3. The Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has the unique area of the first instance court concerning the determination of sentencing. As such, in a case where no change exists in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared to the lower court’s judgment, and comprehensively taking account of the various sentencing conditions revealed in the proceedings of the instant case, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too uneasible.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.