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(영문) 인천지방법원 2018.04.20 2017노2822
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the violation of the Labor Standards Act in relation to the Labor Standards Act in relation to C, D, E, F, G, H, I, J, K, L, and M among the facts charged in the instant case, the lower court decided to dismiss the public prosecution, and convicted the remainder workers of the violation of the Labor Standards Act and the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act. Only the Prosecutor appealed the conviction of the lower judgment on the grounds of unfair sentencing.

Therefore, since the dismissal part of the public prosecution by the defendant and the prosecutor who did not appeal is separated and finalized depending on the expiration of the appeal period, the judgment of the court below should be judged only on the conviction part of the judgment below.

2. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

3. However, considering the fact that the sentencing presented by the court below is due and the sentencing of the defendant is not unfair because of the fact that they do not want the punishment of the defendant by further agreement with five workers at the trial of the defendant, and other various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.

4. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.

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