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(영문) 대전지방법원 2018.11.28 2018노1231
근로자퇴직급여보장법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the suspended sentence of a penalty of three million won) is too unhued and unfair.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant into account, and there is no circumstance to be newly considered in the first instance court, and in full view of all other circumstances, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be excessively unfilled and so far as it deviates from the reasonable scope of discretion.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.

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