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(영문) 인천지방법원 2020.09.25 2020노74
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended sentence) that the court below sentenced to the defendant is deemed to be too uneasible and unfair.

2. In light of the following: (a) the Defendant was in the first instance trial and the employee D expressed his/her intent that he/she would not want the Defendant’s punishment by paying a part of the amount of damages to the employee D; (b) the employee D paid a substitute payment to the employees in the first instance trial; and (c) the partial recovery of damages due to the payment of the substitute payment to the employees in the first instance trial; and other various sentencing conditions stated in the records and arguments, even if considering the circumstances asserted by the prosecutor as the grounds for appeal, the lower court’s punishment

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

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