beta
(영문) 창원지방법원 2013.05.31 2012노2067

근로기준법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unhued and unfair.

2. Although there are circumstances where the Defendant did not reach an agreement with workers and the amount of unpaid wages, the Defendant’s confessioned the instant crime, and there was no record of punishment for the same kind of crime, and in full view of the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment seems to be too unjustifiable and unreasonable. Thus, the Prosecutor’s aforementioned assertion is without merit.

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