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(영문) 인천지방법원 2014.06.27 2014노1245

근로기준법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (4 months of imprisonment and 2 years of suspended execution) of the lower court is too heavy or too unfied (the Defendant).

2. In light of the following circumstances: (a) the Defendant continues to delay in payment of wages even after having been subject to criminal punishment due to delayed payment of wages; (b) the Defendant repeated the instant crime involving two workers in arrears with wages of KRW 5,675,00,00; (c) the Defendant did not take all liquidation measures up to the trial; (d) on the other hand, the Defendant led to the confession of and reflect against the instant crime; (e) the Defendant paid KRW 2 million out of the unpaid wages to the worker F; and (e) other favorable circumstances, such as the Defendant’s age and happiness environment; and (e) other various sentencing conditions as well as the circumstances before and after the commission of the crime, etc., the sentence imposed by the lower court is too appropriate and unreasonable or less.

3. If so, the defendant and the prosecutor's appeal against the judgment of the court below are without merit. Thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.