beta
(영문) 인천지방법원 2016.10.20 2016노1117

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of a fine of KRW 700,00,000 (the suspended sentence of a fine) imposed by the court below is too until

2. The crime of this case is acknowledged that the Defendant did not pay approximately KRW 14 million in total of wages and retirement allowances of workers D and E, and that the case is not light.

However, in full view of the following circumstances: (a) the Defendant’s payment of unpaid wages and retirement allowances to the said workers does not want the Defendant’s punishment, such as withdrawal of a civil lawsuit against the said workers; and (b) the Defendant has no specific penal power other than the Defendant’s three times sentenced to a fine due to this type of crime; and (c) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (d) the circumstances after the commission of the crime, etc., it cannot be deemed that

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.