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(영문) 서울중앙지방법원 2017.12.22 2017노3820
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below is unreasonable because it is too unfasible that the defendant has been granted a suspended sentence.

2. There are no special circumstances or changes in circumstances that may newly consider sentencing in the appellate court’s judgment.

Although the defendant contests the intention of the crime of this case at the court below, there is a great risk of repeating the crime, as alleged by the prosecutor, since all objective facts are recognized and the same mistake is not repeated.

It is difficult to see it.

In full view of the following: (a) the Defendant was the primary offender; (b) the employee who did not prepare a labor contract was placed in one person; and (c) some of the circumstances were considered; and (d) other factors of sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) other factors of sentencing as indicated after the crime, the lower court suspended the Defendant

It can not be said that it is an excessive measure.

Therefore, prosecutor's assertion is not accepted.

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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