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(영문) 전주지방법원 2014.05.30 2014노247

근로기준법위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below against the defendant and his defense counsel (two years of a suspended sentence in six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment appears to have made efforts to recover damage, such as the agreement between eight victims and the original agreement, among the 11 victims as stated in the initial indictment, the fact that the defendant recognized the crime and reflects the crime, the fact that there are no records of crime for the last 15 years, and some of the circumstances that may be considered in the circumstances leading to the crime of this case are favorable to the defendant. The fact that the defendant did not reach an agreement with three victims, and that the delayed payment amount is a large amount of 56 million won, etc., which are disadvantageous to the defendant. In full view of all other circumstances, including the defendant's age, character, character, environment, family relationship, and circumstances after the crime, etc., the court below's punishment is too heavy or too unreasonable. Thus, the defendant, his defense counsel, and the prosecutor's allegation of unfair sentencing are without merit.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio “the selection of a punishment and the final sentence” at the end of the second 16th judgment, “worker” at the third 5th , and “21,674,020” in the last 3rd 4th 4th 4th 4th 23,421,390 of the list of crimes shall be deleted.