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(영문) 대구지방법원 2018.10.19 2018노2422 (1)

근로기준법위반

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 on the defendant (six months of imprisonment and two years of suspended sentence) is too uneased and unfair.

2. The amount of wages in arrears by the Defendant is relatively large, and the number of damaged workers can be employed.

Defendant has been punished for the same kind of crime.

The defendant has the primary responsibility to pay wages to workers.

However, in full view of the circumstances leading up to the failure to receive part of the construction price from the original ridge Construction Co., Ltd., and the circumstances leading up to the failure to receive some of the construction price, and the payment of 31 million won out of the unpaid wages to 12 workers was made in the court below, and the defendant's age, sex, environment, family relationship, circumstances leading up to a crime, means and consequence, and all of the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, etc., the sentence imposed by the court below is appropriate and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unfasible and unfair, the prosecutor's 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.