근로기준법위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment with prison labor for 10 months and one year of suspended sentence) is deemed to be too uneasy and unfair.
2. In full view of the reasons for sentencing indicated in the records of the instant case, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully taking account of all the circumstances, including the various reasons for sentencing asserted by the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentencing is modified.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and is so decided as per Disposition (Provided, That ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, the court below’s order is amended as follows: “No. 29, April 28, 2017”; “each Labor Standards Act” under the second page below to “each former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017)”.