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(영문) 서울동부지방법원 2017.09.01 2017노461

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) and the fact that the defendant has the records of having committed identical crimes several times, and the amount of unpaid wages in this case, etc., the punishment of the fine of KRW 3 million imposed by the court below against the defendant is too uneasible and unfair.

2. In full view of the judgment and the sentencing materials indicated in the arguments and records of the instant case, in particular, when the Defendant was in the trial of a party, and in full view of the fact that the above person did not want the punishment against the Defendant, the sentencing of the lower court does not seem to be unfair because the sentencing of the Defendant is too low, and no special circumstance exists to the extent of changing the above punishment.

In the end, the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.