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(영문) 전주지방법원 2013.08.30 2013노515

근로기준법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two months of imprisonment and two years of suspended execution) is too unfased and unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime committed on the grounds of appeal is a majority of workers who did not receive wages in the case where the Defendant did not pay the total of KRW 180,808,563 of the wages of 121 retired workers, and the unpaid wages are higher, and the Defendant should be punished strictly in light of the fact that the unpaid wages are higher.

However, the defendant recognized the crime of this case and is in depth divided, and the crime of this case appears to have been caused by a civil action that occurred between scarke Construction and scarke Construction (hereinafter “the construction of this case”) in the course of being subcontracted by scarke Construction Co., Ltd. (hereinafter “Scarung Construction”), and it seems that the damage to the workers of this case was recovered to a certain extent by paying the instant wages to the workers of this case in the form of loan. The defendant has no history of punishment heavier than that of the same kind of crime, and there was no other history of punishment than the defendant's age, character and behavior, environment, criminal record, criminal record, circumstance, means and result of the defendant's crime of this case, etc., the prosecutor's assertion of unfair sentencing is without merit. Thus, the prosecutor's assertion of unfair sentencing is without merit, in full view of the various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the situation before and after the crime of this case.

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.