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(영문) 창원지방법원 2020.06.12 2019노2605
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution against the violation of the respective Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act against Workers G, H, I, J, and K among the facts charged in the instant case, and convicted the remainder of the facts charged.

However, since only the prosecutor appealed the conviction of the lower judgment on the grounds of unfair sentencing, and the dismissal of the prosecution is separated and finalized as it is, the scope of this court’s judgment is limited to the conviction of the lower judgment.

2. The gist of the grounds for appeal (ten months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

3. The amount of wages and retirement allowances that the defendant did not pay to 15 workers is reasonable.

However, the defendant is waiting for committing a crime and is against himself.

The Defendant appears to have committed the instant crime according to the remainder of the nonperformance by the Defendant.

The Defendant paid some unpaid wages, etc. directly, and the employees received a substitute payment in an amount equivalent to the amount of money.

The Defendant is an initial offender who has no criminal record.

In full view of the above circumstances and all the sentencing conditions in the pleadings, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

4. 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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