근로기준법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of suspended sentence in six months of imprisonment) is too unhued and unfair.
2. Circumstances unfavorable to the reasoning of appeal: The amount of unpaid wages and retirement allowances in the instant case is approximately KRW 145 million, which shall be the maximum amount.
The favorable circumstances: The defendant shows the attitude that the defendant recognized the crime of this case and reflected.
As the shipbuilding market is the whole, it is difficult to manage the workplace due to the decline in quantity and the subsequent business performance, etc., resulting in the defendant's crime of this case.
Defendant intentionally concealed assets in order to avoid the payment of wages and retirement allowances.
There is no circumstance that can be concluded.
The defendant made efforts to recover damage and made substitute payments to workers seems to have been paid.
There is no criminal history for the defendant.
In light of the following circumstances: (a) the Defendant’s age and character environment, including favorable circumstances; (b) relationship with victimized workers; (c) motive and consequence of the commission of the crime; (d) various sentencing conditions indicated in the instant arguments and records; and (e) the scope of the recommended punishment based on the sentencing guidelines (i.e., wages, etc., wages for a violation of the Labor Standards Act of the From January to one year types of imprisonment with labor; and (e) the scope of the recommended punishment pursuant to the sentencing guidelines (i.e., wages, etc., wages, etc. for a violation of the Labor Standards Act of the type of imprisonment with labor for at least one hundred million to one year); and (b) the scope of the recommended punishment where significant damage is recovered, where there are grounds for special consideration in the circumstance of the special mitigation of the amount of punishment, the scope of the recommended punishment is to increase in two stages by adding up the areas of imprisonment with labor for up one month to one year (the lowest sentence in the area of special mitigation, which shall be reduced by less than two months).
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.