2016No1442 Violation of the Labor Standards Act and violation of the Guarantee of Workers' Retirement Benefits Act

A person shall be appointed.

Prosecutor

The sender (prosecutions) and the transfer (public trial)

Ulsan District Court Decision 2015No3277, 2016No44 decided August 18, 2016 (Cick)

ix) Judgment

April 7, 2017

The prosecutor's appeal is dismissed.

1. Summary of prosecutor's grounds for appeal;

The punishment sentenced by the court below (six months of imprisonment, two years of suspended execution) is too unhued and unfair.

2. Determination

The fact that the amount in arrears is not small, that is not recovered from damage, and that the defendant has a criminal record of a fine of the same kind is disadvantageous to the defendant.

However, there are favorable circumstances for the defendant, such as the fact that the defendant committed a crime and made an effort to recover from damage, and there are other factors favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

Comprehensively taking account of the conditions, the lower court’s punishment seems to be within the reasonable and appropriate scope, and cannot be deemed unreasonable because it seems that it is too unreasonable.

3. Conclusion

Therefore, the prosecutor's appeal is without merit and it is so decided as per Disposition by deciding to accept it in accordance with Article 364 (4) of the Criminal Procedure Act (Provided, That the application of the law of the court of first instance is clear to "the application of the law of the court of first instance" and "the application of the law of Section 2 of the court of first instance ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure" in the "Article 40 and Article 50 of the Criminal Act concerning the crime of 1. Formal concurrence "1. Formal concurrence" in the "Article 40 and Article 50 of the Criminal Act concerning the crime of 1. Offense and the violation of the Labor Standards Act concerning the Guarantee of Workers' Retirement Benefits and the violation of the Act concerning the Guarantee of Workers' Retirement Benefits, each crime is more severe", "1. Selection of punishment", "the addition of imprisonment with prison labor", shall be made).

Judges Lee Dong-sik

Judges Kim Jong-soo

Justices Kim Jong-soo