근로기준법위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended execution and one hundred and twenty hours of community service order in the period of eight months of imprisonment) declared by the court below is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following: (a) no change in circumstances that may be considered in sentencing after the lower judgment; (b) the Defendant paid the agreed amount to the victim I of the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) as indicated in the lower judgment; and (c) the injury of the victims of the instant traffic accident in light of various sentencing conditions indicated in the records and pleadings, even if considering the circumstances alleged by the prosecutor as the grounds for appeal, the lower court’s punishment is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the term "the pertinent Article on the facts constituting the 1. Offense" in the judgment of the court below shall be construed as "Articles 109(1) and 36 of the respective Labor Standards Act" as "Articles 109(1) and 36 of the respective former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017)."