근로기준법위반등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (three years of suspended sentence in one and half years of imprisonment) is too unhued and unfair.
2. On the other hand, the judgment is based on the following reasons: (a) the Defendant recognized his mistake and reflects the Defendant; (b) there are some circumstances that may be taken into account the motive and background leading to each of the instant crimes; (c) a considerable number of workers appears to have recovered wages and retirement allowances through the procedures for paying substitute payments; (d) the fact that the Defendant has no history of punishment exceeding the fine is favorable grounds for sentencing; (c) the total sum of unpaid wages and retirement allowances is considerably larger; and (d) the fact that the Defendant has been punished for the same crime
In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.
3. 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.