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(영문) 의정부지방법원 2013.07.05 2013노468
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 2.5 million won) declared by the lower court is too unhued and unreasonable.

2. The fact that the defendant has the same criminal records as the victim, and that the defendant has a large amount of the unpaid wages is the sentencing materials disadvantageous to the defendant.

However, as above, the sentencing materials against the Defendant appear to have already been considered in the original judgment, and the fact that the Defendant committed a crime in the original judgment, and the victims filed a civil lawsuit against the Defendant, and appears to have been paid a part of the amount of damage in the course of compulsory execution (see the distribution schedule submitted by the Defendant on June 20, 2013). In full view of all other circumstances that form the sentencing conditions on the records, such as the Defendant’s age, character and conduct, family relationship, environment, occupation, circumstance and contents leading to the instant crime, and circumstances after the commission of the crime, the prosecutor’s above assertion is unreasonable since the sentence of the original judgment is too unreasonable.

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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