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(영문) 수원지방법원 2016.11.17 2016노2063
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (e.g., the damage caused by each of the instant crimes committed by the Defendant was not recovered, and the record of punishment for the same kind of crime can be avoided, the lower court’s sentence that sentenced the two-year suspended sentence to eight months of imprisonment is too uneasible and unfair.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unreasonable, considering the following: (a) the fact that the Defendant recognized a mistake and reflects the fact that the judgment was rendered; (b) the equity between the case where the judgment was rendered simultaneously with the crime of violating the Labor Standards Act that became final and conclusive; and (c) other various matters prescribed in Article 51 of the Criminal Act, such as the motive and amount of damage; (d) the circumstances before and after the commission of each of the instant crimes; and (e) the character, conduct, environment, and family

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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