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(영문) 대구지방법원 2015.01.09 2014노2221

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unfilled and unreasonable.

2. It is recognized that the defendant's total amount of wages in arrears with workers E is not much than KRW 10,000,000, and that the defendant did not pay the above worker's wages in arrears until the court room.

However, in full view of all the circumstances, including the Defendant’s age, character and behavior, environment, background of the instant crime, means and method of the instant crime, and circumstances after the instant crime, the Defendant’s punishment of the lower court is too unjustifiable and unreasonable, considering the following: (a) the Defendant was sentenced to imprisonment with prison labor for one year due to the delayed payment of wages to other employees at the same driving school; and (b) the Defendant was under trial at the appellate court; and (c) the Defendant was the primary offender; and (d) the Defendant’s age, character and conduct, background of the instant crime, means and method of the instant crime; and (e) the following circumstances, it cannot be determined that the Defendant’s punishment is too unreasonable

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 as it is without merit. It is so decided as per Disposition.