근로기준법위반등
The prosecutor's appeal is dismissed.
1. The lower court dismissed the Defendant’s prosecution against the violation of the Labor Standards Act and the violation of the Workers’ Retirement Benefit Security Act against B and C among the facts charged.
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 (one year of imprisonment with prison labor for four months and one year of suspended sentence) is too minor.
3. The decision-making defendant sent an attitude of unfaithfully in the trial process of the court below, such as the absence of several times on the trial date of the court below, and tried to reach an agreement with the victims after the prosecution was instituted.
However, considering these circumstances, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, in full view of all the conditions of the argument and the record of the instant case, including the Defendant’s age character and character intelligent environment, motive means and consequence of the crime, and circumstances favorable to the Defendant, including the unfavorable circumstances (e.g., the amount of wages, etc. not paid, the amount of wages, etc. that has not been paid, and the amount of wages, etc. that have not been paid for more than five years) and favorable circumstances (e.g., the first offender) as stated in the reasons for sentencing.
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s 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.