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(영문) 서울중앙지방법원 2016.11.25 2016노716
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (along with 10 months of imprisonment) shall be too unhued and unreasonable;

2. In the instant case where there is no particular change in the sentencing conditions that can be considered to the Defendant for the first time in the appellate trial, taking into account the various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, it is difficult to view that the sentence imposed by the first instance court is too unreasonable because it goes beyond the scope of the sentencing discretion.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

3. Conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

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