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(영문) 인천지방법원 2018.08.24 2018노713
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too uneasy and unreasonable.

2. The board of directors has a record of being sentenced to a fine due to a violation of the Guarantee of Retirement Benefits for Workers, and the wages and retirement allowances which have not been paid to workers are a considerable amount.

However, since the Defendant’s operation of the instant restaurant became difficult, it appears that the Defendant could not pay wages and retirement allowances to workers, and the fact that other workers who worked at the instant restaurant submitted documents that the Defendant did not want the Defendant to receive money from the Defendant at the investigation stage, etc. is considered as favorable to the Defendant.

In addition, when comprehensively considering the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the sentence of the court below is too unobsessed and it is not deemed unfair.

3. 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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