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(영문) 청주지방법원 2017.10.27 2017노580
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment with prison labor for four months, two years of probation, and one hundred and twenty hours of community service order) is too unfluent and unreasonable.

2. The judgment is based on the following circumstances: most of the victims of the instant case are part-time students, and the amount of the damage that has yet to be paid reaches approximately KRW 20 million; the Defendant had been punished three times by a fine for the same criminal record; the Defendant forced the victims to reach an actual agreement; the Defendant did not request a letter to the victims due to the truth, and thus some victims still want to be punished by the Defendant.

On the other hand, the defendant has made efforts to recover some damage, and half of the victims have reached an agreement, etc. are favorable to the defendant.

In light of the aforementioned circumstances, the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, in full view of the following factors: (a) the motive, background, result, the consequence of the crime; (b) the circumstances after the crime; (c) the Defendant’s age; (d) the Defendant’s sexual conduct; and (c) the penalty

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, prosecutor's sentencing and warning cannot be accepted.

3. 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. It is so decided as per Disposition.

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