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(영문) 인천지방법원 2020.05.29 2019노2140
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution on the violation of the Labor Standards Act against B, C, and D among the facts charged in the instant case and convicted the remainder of the facts charged.

However, according to the prosecutor's appeal only for the guilty portion of the judgment of the court below, the dismissal of the above indictment was separated and finalized.

Therefore, the scope of this court's adjudication is limited to the remaining conviction except the above dismissed dismissal part.

2. The summary of the grounds for appeal (e.g., a fine of 5 million won) imposed by the court below on the defendant is too unhued and unreasonable.

3. In light of the records of the instant case and the various sentencing conditions indicated in the pleadings, such as the fact that the Defendant was in the first instance trial and agreed to pay KRW 6 million to G workers, and G expressed its intention not to be punished by the Defendant, the lower court’s punishment is too uneasible, even if considering the circumstances alleged by the prosecutor as the grounds for appeal, and thus, cannot be deemed unreasonable.

4. 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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