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(영문) 울산지방법원 2018.02.21 2018노9
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in the month of imprisonment with prison labor) is too unhued and unfair.

2. Unfavorable circumstances: The amount of overdue wages and retirement allowances is large;

It seems that there are some circumstances to consider wage and retirement allowance in arrears.

No person shall be punished by a fine for any traffic-related crime in 2006, except for those sentenced to a fine.

In full view of the aforementioned unfavorable circumstances, including favorable circumstances, the Defendant’s age and character environment, relationship to damaged workers, motive means of crime, results of crime, circumstances after crime, etc. as well as various sentencing conditions and the scope of recommended sentences on the sentencing guidelines (one year to six months of imprisonment), the lower court’s sentence that deviates from the sentencing discretion.

It is not recognized that it is unfair because it is too unfluent enough to be assessed.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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