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(영문) 인천지방법원 2014.03.27 2013노3478
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhued and unfair.

2. Although the amount of unpaid wages paid by the Defendant is not at least KRW 41,770,00, the amount of unpaid wages can not be deemed to be inappropriate because the lower court’s punishment is too too unreasonable in light of the following circumstances: (a) the Defendant was the first offender; (b) the Defendant was led to confession and reflect; (c) the lower court selected the Defendant to be sentenced to imprisonment; and (d) the Defendant’s age, character and conduct, environment, and circumstances leading to the instant crime, etc. indicated in the records

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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