근로기준법위반등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of four months, the suspension of the execution of two years, and the community service order of one hundred and twenty hours) is too unhued and unreasonable.
2. Each of the crimes in this case committed on the market is that the defendant did not pay approximately KRW 63 million in total for four workers, and the amount of unpaid wages and retirement allowances is not specified.
However, in light of the following circumstances, the Defendant recognized each of the instant offenses and divided his mistake, the Defendant appears to be unable to pay employees wages, etc. to aggravation of finance due to external factors rather than paying them in bad faith. In the past, employee F and I submitted an application for not punishing the Defendant, and in some employees, it appears that the Defendant would be paid part of the unpaid wages and retirement allowances through the distribution procedure in the auction case. In addition, considering the Defendant’s age, sex, environment, motive for committing the crime, circumstances after committing the crime, etc., the sentence of the lower court is too unjustifiable and unreasonable.
3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.