근로기준법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment and two years of suspended sentence) is too unhued and unfair.
2. The judgment of the court below is not less than 67 million won in arrears with the amount of wages of 23 workers, but is against the nature of the crime. The previous criminal records of this case are punished by a fine in the year 2004. The previous criminal records of this case appear to have been in arrears with the delayed payment of wages due to business deterioration, and it does not seem to have been in arrears with the bad motive. In full view of other circumstances that are the conditions for sentencing, such as the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below seems to be appropriate, and it is not recognized that it is unfair because it is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.