근로기준법위반등
The prosecutor's appeal is dismissed.
1. In light of the fact that the sum of the overdue wages and retirement allowances in arrears with the summary of the grounds for appeal is the sum of 22 million won cost, and that the full damage has not yet been recovered, the lower court’s punishment (two million won of fine) is too uneasible and unreasonable.
2. We examine the judgment on the grounds of appeal. The above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the following factors: (a) the Defendant did not have any specific penal power except for the punishment imposed once a minor fine; (b) the Defendant was aware of the facts of the instant crime; and (c) the Defendant was in profoundly against the mistake; and (d) the considerable portion of the wages in arrears was paid after the decision of the court below was rendered in the process of the instant pleading, the sentencing of the court below is too unfeasible to the extent of reasonable discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.