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(영문) 청주지방법원 2017.12.07 2017노684
근로자퇴직급여보장법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (for four months of imprisonment and two years of suspended execution) is too unfunied and unfair.

2. Circumstances unfavorable to the defendant are as follows.

The Defendant’s wages and retirement allowances that the Defendant did not pay to the victimized workers of this case reach a total of KRW 47 million.

The Defendant did not reach an agreement with the victimized workers.

Circumstances favorable to the defendant shall be as follows:

Defendant has no record of punishment for the same kind of crime.

The defendant seems to have caused the crime by harming the management crisis.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant case’s records and the previous theories, the lower court’s sentence that sentenced the Defendant to a suspended sentence of imprisonment cannot be deemed unfair because it is too uneasible.

The prosecutor's assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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