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(영문) 수원지방법원 2018.12.20 2018노4906

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (2 million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unfair.

2. Although the amount of wages and retirement allowances that the Defendant did not have a large amount of judgment, the Defendant appears to have an attitude against the Defendant, and the Defendant did not have any previous conviction except for the sentence of a fine in 2017 due to the Defendant’s failure to pay the wages, etc. of the same employees of the same company as the instant case, payment of substitute payments was made to workers Q, V, and S. In addition, the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the Defendant committed the instant case and arguments, the lower court’s punishment cannot be deemed unfair, considering all the sentencing conditions as stated in the instant records and arguments, such as the Defendant’s age, sex, environment, family relationship, motive, and circumstances

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.