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(영문) 창원지방법원 2018.08.29 2017노3661
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the sentence of the lower court: a fine of KRW 700,000);

2. The lower court determined that the Defendant was punished by a fine on 12 occasions from 2010 to 2017 for the same crime, and that the Defendant would liquidate wages from the investigation process.

In light of the circumstances that have not been paid until the lapse of two years from the date of payment, the sentence was imposed in consideration of the fact that the amount of damage was not high, taking into account the circumstances favorable to the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., and taking into account various sentencing conditions shown in the records and arguments of this case.

The grounds for the improper sentencing (not yet paid wages, the absence of agreement with workers, the criminal records of the defendant, etc.) alleged by the prosecutor are shown to have been sufficiently taken into account in determining the sentence against the defendant by the court below, and otherwise changed the above sentencing conditions.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion 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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