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(영문) 광주지방법원 2013.05.01 2013노315
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal is that the sentence of the court below that sentenced 2 years of suspended execution and 80 hours of community service is too uneasible, in light of the following: (a) the number of victims of the instant crime and the amount of unpaid wages; (b) the risk of re-offending; and (c) the economic and mental suffering of victims, etc.

2. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, and environment, etc. as stated in Article 51 of the Criminal Act, considering the circumstances asserted in the grounds of appeal, the lower court’s punishment cannot be deemed to be too unreasonable, even if it is considered in light of the circumstances asserted in the grounds of appeal, and thus, the above assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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