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(영문) 서울동부지방법원 2020.10.15 2020노620
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The lower court dismissed the public prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act regarding the violation of the Labor Standards Act against Workers B, C, and D among the facts charged in the instant case, and sentenced a fine of KRW 4,00,000 to the violation of the Labor Standards Act against Workers G and H.

A prosecutor only filed an appeal concerning the guilty portion of the judgment below, and did not appeal the dismissed portion.

Therefore, the part of the judgment of the court below dismissed was separated and confirmed as it is and excluded from the scope of the judgment of this court.

3. The fact that the judgment defendant's wages paid to workers are high, and that he/she has been punished for the same kind of crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and against the fact that he did not seem to have been maliciously paid wages is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

4. 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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