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(영문) 서울남부지방법원 2017.02.10 2016노987

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. Considering the fact that the sum of the wages and retirement allowances in arrears that the Defendant had been in arrears exceeds 28 million won and that the amount still remains unpaid, the Defendant’s mistake is recognized, rather than intentionally and intentionally had the intent to delay the victims’ wages, etc., from the beginning, it appears that the instant crime would eventually result in the instant crime. On April 4, 2016 where the judgment of the court below was in progress, the Defendant paid KRW 2,133,310 to the Victim K on April 4, 2016 where the judgment of the court below was in progress, and the Victim L submitted an application for punishment against the Defendant, with no history of criminal punishment other than the Defendant’s age, sexual behavior, intelligence and environment, relationship with the victims, and circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.

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, and it is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, each “G” of the 4th 13 to 16th 16 of the judgment below ex officio is corrected to “F”.