근로기준법위반
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (a prison term of six months, a suspended sentence of two years, and a community service order of 120 hours) is too unfford and unreasonable.
2. Determination of the Defendant’s delayed payment of wages exceeds KRW 96 million in total due to each of the instant crimes, and many 31 employees are suffering from the injury, and there is no agreement with anyone among the instant employees until now.
However, it is advantageous to the fact that all of the crimes of this case are led to the confession of each of the crimes of this case, there is no record that the defendant was punished for the same crime, the defendant does not seem to have been in arrears with wages in bad faith, and the defendant paid approximately KRW 38 million to workers through the original company after the crime.
Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.