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(영문) 인천지방법원 2015.07.23 2014노4622
근로기준법위반등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (two months of imprisonment and two years of suspended sentence), the prosecutor asserts that the punishment is too unfasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. A favorable circumstance is that the judgment prosecutor and the defendant's grounds for appeal are examined together, and the confession of the defendant is made by the defendant, and the defendant has a number of identical records, which led to the crime of this case again, and the fact that the defendant has not yet agreed with the victims is unfavorable.

In full view of such circumstances as the Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is deemed appropriate, and it is not deemed that the Defendant is excessively heavy or light.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, it is evident that the "applicable law" of the judgment of the court below is an error of "the point of payment of retirement allowances" under the second provision of the "applicable law to the crime of 1.......", and it is obvious that the "the point of payment of retirement allowances" under the second provision of the "applicable law to the crime of

.

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