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The prosecutor's appeal is dismissed.
Reasons
1. Of the facts charged in the instant case, the lower court dismissed the public prosecution against the violation of each of the Labor Standards Act against Workers D, E,F, G, H, I, K, K, M, M,O, P, Q, Q, Q, T, M, X, Y, Z, AAA, AB, AC, AD, AE, AE, AF, AF, AH, AH, AI, AJ, AK, AL, AL, AM, UNFCCC, AM, AO, AP, and Q, and sentenced the Defendant to a suspended sentence for up to two years, by recognizing the Defendant guilty of the violation of the Labor Standards Act by the rest of the workers. Accordingly, only the Prosecutor appealed appealed against the aforementioned conviction.
Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.
2. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unreasonable because it is too unhued.
3. The fact that the employee who did not receive the judgment or retirement pay has reached 97 persons, that the total amount of unpaid wages, etc. exceeds 30 million won, and that the employee of the victimized person seems to suffer from considerable economic suffering due to the delayed payment of wages and retirement allowances, and that the defendant had a same criminal record and a single criminal record are disadvantageous to the defendant.
However, it seems that the Defendant was unable to pay wages, etc. due to the rapid decline in the position of the Defendant company due to the rapid growth of the shipbuilding industry. In the first instance court, a considerable number of workers would have been 305,780,000 won of the apartment owned by the Company AR and thus, it seems that the Defendant would have been able to receive reimbursement. In addition, considering various sentencing conditions such as the Defendant’s age, sex, environment, degree of negligence, and circumstances after the crime, the sentence imposed by the lower court is too unjustifiable and unreasonable.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.