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(영문) 수원지방법원 2017.12.07 2017노1019
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s grounds of appeal (unfair sentencing) and the fact that the Defendant did not pay 8,2150,000 won in total for two workers’ wages and retirement allowances, it is unreasonable for the lower court to impose a fine of KRW 5,00,000 on the sole ground that the Defendant’s punishment is too uneasible.

2. In full view of the facts alleged in the grounds of appeal, including the Defendant’s age, sex, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the lower court’s punishment is too uneasible and is not deemed unfair, even if considering the circumstances alleged in the grounds of appeal, and thus, the aforementioned assertion is without merit.

3. The appeal by the prosecutor of the 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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