근로기준법위반
The prosecutor's appeal is dismissed.
1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.
2. It is recognized that the amount in arrears with 23 employees unpaid by the Defendant is considerably large from 59 million won to 20 million won.
However, considering the following facts: (a) the Defendant’s mistake is divided; (b) paid 20 million won out of the overdue wage; (c) there is no other criminal history subject to a minor fine once a fine is imposed; and (d) there is no other history of having been punished for the same kind of crime; and (b) the Defendant’s age, sexual conduct, environment; (c) motive, means and consequence of the instant crime; and (d) the circumstances after the commission of the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.
Therefore, prosecutor's assertion is without merit.
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.