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(영문) 수원지방법원 2018.03.08 2017노4139

근로기준법위반

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Although the amount of the Defendant’s delayed payment of wages is not specified, the Defendant already received a summary order of KRW 6,500,000,000,000, in total, for the Defendant’s act of delayed payment of wages and retirement allowances from other employees during the same period, and considering the Defendant’s age, sex, conduct, environment, family relationship, motive, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be unfair because the Defendant’s punishment is too uneasible.

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.