근로기준법위반등
The prosecutor's appeal is dismissed.
1. The lower court rendered a judgment dismissing a public prosecution against the violation of the Labor Standards Act by workers C, D, and E among the facts charged in the instant case, and sentenced the remainder of the facts charged. The prosecutor appealed against the guilty part, and the dismissal part of the above public prosecution became final and conclusive on the ground that both the Defendant and the prosecutor did not appeal against the dismissal part of the public prosecution. As such, the scope of the judgment by this court is limited to the guilty part of the lower judgment.
2. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and one year of suspended execution) is too unfluent and unfair.
3. In light of the amount and period of wages that the Defendant did not pay, the crime of this case is not less than that of the Defendant, and the fact that the Defendant did not agree with workers H, I, or L is disadvantageous to the Defendant.
Meanwhile, there are circumstances favorable to the defendant, such as the fact that the defendant reflects the crime, the fact that there seems to be some considerations in the background of the crime of this case, the fact that the defendant has no means to punish the defendant, the fact that the defendant has agreed with the K, the J and the original state of the defendant, and the fact that the social relationship of the defendant is obvious.
In light of the above circumstances and the Defendant’s occupation, age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible and unfair.
Therefore, the prosecutor's above assertion is without merit.
4. 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. It is so decided as per Disposition.