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(영문) 부산지방법원 2016.12.08 2016노3617
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal (two years of suspended sentence in six months of imprisonment) is too unhued and unreasonable.

2. Determination is very serious in the degree of injury suffered by a worker H employed by the Defendant during work, and the fact that the sum of the medical care compensation, etc. not paid by the Defendant is higher than KRW 85 million, etc. is disadvantageous to the Defendant.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, the environment, the degree of negligence and the circumstances after the crime, etc., the sentence imposed by the lower court is too unjustifiable, and thus, cannot be deemed unreasonable, in light of the following: (a) the Defendant’s perception of the instant crime and reflects the mistake; (b) the Defendant has no criminal record of the same kind; (c) the size of the business entity operated by the Defendant is extremely small, having difficulties in management; and (d) the Defendant neglected to wear protective outfits.

3. In conclusion, the prosecutor's appeal against the defendant is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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