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(영문) 울산지방법원 2018.07.26 2017노1471

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 crime of this case as to the grounds of appeal is that the defendant did not pay approximately KRW 62 million, including six workers' wages, within 14 days from the date of his retirement, and that the amount of damage is considerable; the defendant, after the occurrence of this case, endeavoring to minimize damage, such as agreement with the victims or additional repayment of wages, etc., or endeavoring to pay for damage.

It can not be seen that the defendant is disadvantageous to the defendant.

However, the Defendant appears to have failed to pay wages to his employees due to the sudden aggravation of financial status and the embezzlement of his employees while running the manufacturing business of automobile parts, etc., and employees appears to have received a small substitute payment or to have received most of the unpaid wages as a creditor in the process of selling the factory, 11,137,150,400,700, 137,1300, 150 2H 13,361,360 4,390,000, 7007, 7804, 804, 8048, 390, 390, 3903 E 10,253, 250, 202, 306, 300, 300, 7804, 700, 804, 804, 408, 197, 309, 2005, 397

In full view of the aforementioned favorable circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, motive, means, consequence, etc. of the crime, and all the sentencing conditions indicated in the present arguments and records, it is not recognized that the sentence imposed by the lower court is too unfeasible and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.