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(영문) 부산지방법원 2017.11.02 2017노1599
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspension of sentence of a fine of one million won, the suspension of sentence of a fine of one million won, and the suspension of sentence of a fine of one million won) declared by the court below is deemed to be too uneasible and unfair.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as stated in its reasoning, determined the punishment against the Defendants by comprehensively taking into account the favorable and unfavorable circumstances of the Defendants.

The circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

When comprehensively considering the sentencing conditions, such as the age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines as shown in the deliberation by the court below and the political party, the sentence of the court below cannot be deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too low.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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