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(영문) 수원지방법원 2016.04.29 2015노6636
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of suspended sentence in four months of imprisonment) is too unhutiled and unfair.

2. The Defendant is deemed to have had the record of being sentenced twice to fines for the same kind of crime, the total amount of wages, etc. unpaid to three workers is 48 million won, and the above wages, etc. have not been paid up to the trial in the past, but the Defendant is deemed to have failed to pay the wages, etc. Meanwhile, the Defendant is forced to delay wages, etc. due to the shortage of funds during the Defendant’s business, and there is no special circumstance to change the sentence of the lower court when the reason for sentencing is reasonable and is in depth, and there is no other circumstance to change the Defendant’s age, sex, sex, intelligence and environment, motive and background of the crime, means, method, method and consequence of the crime, circumstances before and after the crime, and criminal record, and thus, the Prosecutor’s allegation of unfair sentencing by the public prosecutor 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 the appeal is without merit. It is so decided as per Disposition.

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