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(영문) 인천지방법원 2016.12.21 2016노2908
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution against the violation of the respective Labor Standards Act due to the failure to pay wages as to B, C, D, E, F, G, H, and I among the facts charged in the instant case, and convicted the remainder of the facts charged.

Accordingly, only the prosecutor appealed on the ground of unfair sentencing on the guilty portion, and the defendant did not appeal.

Therefore, since the dismissal part of the judgment of the court below is separated and confirmed, the scope of this court's judgment is limited to the conviction part.

2. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

3. Determination is an unfavorable circumstance that the Defendant was punished by a fine for the same kind of crime in 2015.

However, in light of the favorable circumstances, such as the Defendant’s confession of the instant crime and the recognition of his mistake, and the total amount of unpaid wages is not more than seven million won, and other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character, conduct, occupation and environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable. Thus, the Prosecutor’s assertion is without merit.

4. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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