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(영문) 서울중앙지방법원 2016.07.01 2016노1471
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence sentenced by the first instance court on the summary of the grounds for appeal (unfair sentencing) (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unreasonable.

2. The total amount of unpaid wages, allowances, etc. exceeds KRW 100 million and the overdue period is considerable and the nature of the crime is not good. The Defendant already has been punished by a fine for violating the same kind of labor standard law in the same company, etc. is an element of sentencing unfavorable to the Defendant.

However, in light of the following circumstances: (a) the Defendant’s mistake is divided into one’s own mistake, showing the intent of continuous repayment while making efforts to reimburse the victimized workers; (b) the situation of the Defendant’s management company is difficult; and (c) some circumstances are considered in the circumstance of the occurrence of unpaid crimes, such as the instant wage, etc.; and (d) further detailed examination of the Defendant’s age, sexual behavior, environment, family relationship, motive, means, and consequence of the commission of the crime; and (c) the circumstances after the commission of the crime, etc., it is not recognized that the sentence imposed by the first instance court is too uneasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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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