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(영문) 인천지방법원 2017.07.21 2017노1643
근로기준법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (unfair sentencing) (2 years of suspended sentence in six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. The crime of this case is deemed to be detrimental to the fairness of regular employment, and the nature of the crime is not good in light of the circumstances of the crime, etc., but it is found that the defendant is not an executive officer of the company of this case. Meanwhile, considering the fact that the defendant was not an executive officer of the company of this case, the defendant returned the profits acquired by the crime to the job requester, the defendant recognized the defendant's mistake and reflects it, and the defendant did not have the record of the previous same kind of crime, and other circumstances, which are the conditions of sentencing as indicated in the record, such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the defendant and the prosecutor's assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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