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(영문) 광주지방법원 2017.11.16 2017노763
근로기준법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The decision of the court below against the defendants on the summary of the grounds for appeal (the defendant A shall be sentenced to imprisonment for six months, two years of suspended execution, community service, and defendant B shall be sentenced to imprisonment for ten months, two years of suspended execution, two years of suspended execution, community service, and additional collection) is unreasonable.

2. In light of the method of each crime committed by the Defendants, the amount of benefits, etc., the nature of the crime was inferior; however, the Defendants reflects the mistakes; Defendant A returned all the money received under the pretext of employment arrangement prior to the commencement of an investigation; Defendant B returned all the amount of embezzlement and breach of trust; Defendant B was the first offender; Defendant A was punished for a violation of the Act on Special Cases concerning Traffic Accidents before 30 years, and there was no special criminal conviction; and Defendant A did not seem to have been punished for a violation of the Act on Special Cases concerning Traffic Accidents before the 30 year period; and other various sentencing conditions specified in the records and arguments of this case, including the Defendants’ age, sexual behavior, environment, family relationship, circumstances after the crime, etc., the sentence against the Defendants is too uneasible and unreasonable.

3. All appeals filed by the public prosecutor are groundless, and thus all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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