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(영문) 창원지방법원 2016.05.11 2015노2849

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Determination of the Defendant’s delayed payment of wages and retirement allowances as a result of each of the instant crimes is an amount equal to approximately KRW 60,000,000 in total, and there are eight employees suffering damage, and there is no agreement with anyone among the instant employees until now.

However, all of the crimes of this case are favorable circumstances such as the fact that the defendant led to the confession of all of the crimes of this case and against his mistake, that there is no record that the defendant was punished for the same kind of crime, that considerable damage has been recovered through the distribution procedure for the defendant's claim and the substitute payment by the Labor Welfare Corporation, and that the defendant does not seem to have been in arrears with wages and retirement allowances in bad faith.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition on the ground that the prosecutor's appeal is without merit.