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(영문) 대구지방법원 2018.09.21 2018노2422

근로기준법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled 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.

However, in full view of the following circumstances: (a) the Defendant was not paid part of the construction price from the original ridge Construction Co., Ltd. and caused the instant case; (b) the Defendant was liable for the instant crime to be a direct contractor A; and (c) the Defendant appears to have made efforts to recover damage by paying unpaid wages; (d) the Defendant paid 12 workers a sum of 31 million won out of the unpaid wages; and (e) the Defendant’s age, sex, environment, family relationship, circumstances leading to the commission of the crime, means, results, and all of the sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, sex, sex, environment, family relationship, circumstances after the commission of the crime, etc., the sentence imposed by the lower court was appropriate, and the sentencing judgment by the lower court 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.