근로기준법위반등
The prosecutor's appeal is dismissed.
1. The lower court dismissed the Defendant’s prosecution on the violation of the Labor Standards Act, violation of the Labor Standards Act, violation of the Guarantee of Workers’ Retirement Benefits Act, and violation of the Guarantee of Workers’ Retirement Benefits Act, i.e., voluntary retirement of the Defendant.
The Defendant did not appeal as to the lower judgment, and only the Prosecutor appealed on the guilty portion among the lower judgment on the grounds of unfair sentencing.
Therefore, since the court below's decision dismissing the public prosecution against the defendant is separated and finalized, it is excluded from the scope of the judgment of this court.
Ultimately, among the judgment of the court below, only the guilty portion of the defendant belongs to the scope of the judgment of this court.
2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of 10 months, a suspended sentence of 2 years, and a community service order of 120 hours) is deemed unreasonable.
3. The sum of the wages and retirement allowances in arrears paid by the Defendant to the extent of KRW 82,00,000,000, and until now, the above amount was paid to the employee.
It is recognized that there is no evidence to see.
However, in full view of the following circumstances: (a) the Defendant led to the instant crime and committed mistake; (b) the Defendant did not have any history of criminal punishment; (c) the Defendant agreed with the worker H in the trial; and (d) the Defendant’s age, sex, criminal conduct, environment, health conditions, family relationship, motive, means and consequence of the instant crime; and (c) other circumstances that conditions for sentencing, such as the circumstances after the commission of the crime, it is difficult to see that the lower court’s punishment is too uneasible and unfair because it exceeded the discretionary scope.
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.