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(영문) 인천지방법원 2019.07.26 2019노1176
근로자퇴직급여보장법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution as to the violation of the Act on the Guarantee of Workers' Retirement Benefits against Workers B among the facts charged in the instant case, and sentenced the remainder of the facts charged.

Since only the prosecutor appealed against the guilty portion, the dismissal part of the judgment of the court below which the prosecutor did not appeal was separated.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and three years of suspended execution) that the court below sentenced to the defendant is too uneasible and unfair.

3. We examine the judgment, and consider various sentencing conditions as shown in the records and arguments of this case, even when considering the circumstances alleged by the prosecutor as the grounds for appeal, the lower court’s punishment is too uneasible and unreasonable.

4. 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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