근로기준법위반등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (4 million won in penalty) is unreasonable because it is too unfunied.
2. Although the amount of unpaid wages and retirement allowances is not specified, since the Defendant’s reflects the amount of the Defendant’s punishment, and the content of the same type of fine was unable to pay wages and retirement allowances to other employees of the same company for the same period similar to the instant case, it is difficult to deem that the Defendant re-offending despite the same criminal record as the Prosecutor’s assertion, and there are some other circumstances that may be somewhat taken into account the circumstances leading to the failure to pay wages and retirement allowances. Considering the Defendant’s age, sex, environment, family relationship, motive for the crime, and circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.
3. Accordingly, 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. It is so decided as per Disposition.