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(영문) 의정부지방법원 2013.08.02 2013노342

근로기준법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable.

2. The fact that the defendant has a same criminal history over several times, and that the defendant has not recovered from damage is a sentencing material disadvantageous to the defendant.

However, in light of the following, the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc. comprehensively examining all of the sentencing factors indicated in the argument of the instant case, such as the Defendant’s age, character, environment, family relationship, motive and circumstance of the crime, circumstance after the crime, etc., the lower court’s sentence is too uneasible and unreasonable. Thus, the Prosecutor’s allegation in the grounds of appeal 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.