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(영문) 대전지방법원 2019.05.22 2018노2013
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is deemed to be too unhued and unfair.

The lower court rendered each judgment on dismissal of prosecution against the violation of the Labor Standards Act against workers B and C among the facts charged in the instant case, and rendered each judgment on conviction against the violation of the Labor Standards Act against workers G.

As to this, the prosecutor appealed only on the ground of unfair sentencing among the judgment of the court below, and the dismissed part of the judgment of the court below (the violation of each Labor Standards Act against workers B and C) was separated and finalized after the period of appeal expires.

Therefore, the scope of this court's adjudication is limited to the remaining part of the judgment below except the dismissal of prosecution.

Judgment

The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial. Therefore, even considering the circumstances asserted by the prosecutor as the grounds for appeal, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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