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(영문) 인천지방법원 2015.07.10 2015노56

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (two million won of a fine) declared by the court below against the defendant is too unhued.

2. It is recognized that the determination is based on the following facts: (a) the Defendant’s total sum of wages and retirement allowances not paid in the instant case reaches a significant scale.

On the other hand, however, the defendant recognized the crime of this case, and seems to have been making considerable efforts to pay the unpaid wages and retirement allowances to workers, and the unpaid wages, etc. up to now are expected to be repaid to workers through related auction procedures. In light of the defendant's age, character and conduct, environment, circumstances and results of the crime of this case, and all of the sentencing conditions stated in the records and arguments of this case, such as the circumstances after the crime, the court below's punishment is too unreasonable, and thus, the prosecutor's 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.