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(영문) 대구지방법원 2013.10.18 2013노1228

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution as to the violation of the Labor Standards Act against 16 workers, such as 1 to 15, and 17, among the facts charged as indicated in the lower judgment, and sentenced the Defendant to a fine of KRW 80,000,000,000,000,000,000,000.

As to the judgment of the court below, the defendant appealed against the conviction portion on the ground of unfair sentencing, and the prosecutor did not appeal.

Therefore, the dismissal part of the judgment of the court below in this case is separated from the prosecutor's appeal, and thus, it is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of KRW 800,00,000, is too unreasonable.

3. Although there are favorable circumstances such as the Defendant’s confession and reply to the instant crime in the trial at the trial at the trial at the trial at the trial, the Defendant’s conviction is too unreasonable in light of the following: (a) the Defendant has been sentenced to a fine or a suspended sentence eight times after around 1994 or more as a result of the Defendant’s violation of the Labor Standards Act; (b) the Defendant claimed that the payment of the wages in arrears of J and E was made; (c) the payment of the wages in arrears of J and E was not made by the Defendant but paid at the Korea Labor Welfare Corporation; (d) there are no special factors or changes in circumstances that may be considered for sentencing; and (e) other factors such as the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, its means and consequence; and (e) the circumstances after the instant crime, etc., the Defendant’s assertion is

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.