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(영문) 의정부지방법원 2014.01.15 2013노1128
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the suspended sentence of a fine of KRW 500,000) is too unhued and unreasonable

2. In light of the following circumstances: (a) the Defendant had the same criminal record and had not been completely recovered from damage; (b) the Defendant appears to have faithfully lived without any penal power after having been sentenced to a fine of 200,000 won due to a violation of the Labor Standards Act in 2001; (c) the Defendant paid part of the overdue wages to workers D and actually agreed to do so; and (d) the Defendant would have been obviously expected not to be subject to a fine even if not sentenced to a fine; and (c) the Defendant’s age, character and conduct, intelligence and environment, and the motive, background, means and consequence of the instant crime, and the circumstances after the instant crime, etc., which are the conditions for the sentencing of the instant case, 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.

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