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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.04.22 2016노207
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the judgment of the court of first instance in light of the summary of the grounds for appeal (unfair sentencing) of the defendant's same criminal history, degree of recovery of damage, etc. (the imprisonment of eight months and two years of suspended execution) is too uneasy and unfair.

2. The fact that the Defendant had been punished twice due to a violation of the same kind of labor standard law, etc. but the Defendant committed the instant crime is an element of sentencing unfavorable to the Defendant.

On the other hand, if we examine in detail the various circumstances such as the defendant's age, sexual conduct, environment, motive and means and result of the crime, and the circumstances after the crime, the sentence imposed by the first instance court against the defendant is appropriate. In addition, the sentence imposed by the defendant is appropriate.

Therefore, the prosecutor's above assertion is without merit.

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

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