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(영문) 부산지방법원 2018.10.19 2018노2385
근로자퇴직급여보장법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s sentence is too unhued and thus unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared with the lower court’s failure to submit new sentencing data in the appellate court. In full view of the following circumstances, including the Defendant’s criminal history, age, sex, environment, motive, means, means, and consequence of the crime, etc., the lower court’s sentencing is deemed appropriate, and it does not appear to have exceeded the reasonable scope of discretion, as it is too unreasonable.

The prosecutor's assertion is not accepted.

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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