logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.07.19 2013노783
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (the suspended sentence and suspended sentence: fine of KRW 3 million) is too uneased and unreasonable.

2. In light of the fact that the defendant's wages and retirement allowances not paid within the due date as stipulated in Article 36 of the Labor Standards Act are large amounts, the necessity of strict punishment for the defendant is recognized.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes and against his mistake; (b) the first submitted a letter of withdrawal of complaint against the Defendant for the time of the trial; (c) the first submission of a letter of withdrawal of complaint against the Defendant; (d) on June 12, 2013, in the distribution procedure of the real estate auction case by the Seoul Central District Court Pright, E and I appears to have received the total amount of the claim for overdue wages; (c) there is no penalty power exceeding the fine for the Defendant; (d) there is no penalty power for the Defendant; (e) equity in sentencing with the same or similar incidents; (e) the Defendant’s age, family environment before and after the commission of the crime;

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.

arrow