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(영문) 서울동부지방법원 2016.04.01 2015노1745
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (for four months of imprisonment and two years of suspended execution) on the summary of the grounds for appeal is deemed to be too unhued and unfair.

2. Although the amount of the Defendant’s overdue wage exceeds KRW 37 million, the amount of the Defendant’s overdue wage would be small, if the prosecution of this case was instituted more early, it would have been able to be sentenced to a single sentence after being tried together with the case of fraud in which the judgment became final and conclusive, the Defendant did not have any record of being punished for the same kind of crime, circumstances to be taken into account in the circumstance where the Defendant delayed payment of wages, and other various sentencing conditions specified in the argument of this case, such as the Defendant’s age, sexual behavior, environment, etc., are considered, the sentence of the lower court cannot be deemed unfair and unfair.

3. The prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of the conclusion prosecutor is without merit. It is so decided as per Disposition.

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