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(영문) 창원지방법원 2017.08.24 2017노1249
근로기준법위반등
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 (one year of imprisonment and two years of suspended sentence) on the defendant is too unfasible and unfair.

2. The reason behind the lower judgment is that the Defendant had a record of having received a fine of KRW 3 million due to a violation of the Guarantee of Retirement Benefits for Workers in 2016, and that the Defendant’s total sum of the unpaid wages and retirement allowances to 36 workers reaches approximately KRW 300 million, etc.

However, in full view of the fact that the Defendant recognized the offense, the fact that the said employee appears to have recovered wages and retirement allowances to a certain extent through the process of paying substitute payments, and other various circumstances, such as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the offense, and the circumstances before and after the commission of the offense, it is not recognized that the sentence imposed by the lower court is too unjustifiable and unfair.

3. 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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