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(영문) 춘천지방법원 강릉지원 2013.12.10 2013노460
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's sentencing (the suspension of sentence of a fine of KRW 300,000) is deemed to be too unhued and unfair.

However, considering all circumstances that form the conditions for sentencing in the instant case, such as the fact that the delayed payment of wages due to the instant crime was relatively large of KRW 1.5 million, reflects the fact that the delayed payment of wages is relatively more than 1.5 million, the fact that the elderly and the beneficiary of basic livelihood security suffers from economic difficulties, and the fact that there is no criminal power, except once a fine is imposed in 1979, etc., the lower court’s sentencing cannot be deemed unfair because it is too unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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