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(영문) 대구지방법원 2014.06.12 2013노3304

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) declared by the court below is too uneasy and unreasonable.

2. The crime of this case in which the defendant delayed payment of wages and retirement allowances of at least 150,000 won for 41 workers, and the quality of the crime and the degree of damage are not less than that of the minimum wage amount.

However, the defendant is the first offender, and all of the crimes are recognized, and the mistake is against the depth.

It seems that the Defendant was unable to pay wages and retirement allowances to workers due to the aggravation of management due to the aggravation of management, such as the cumulative accumulation of the enemy while operating the instant sports center and the termination of the entrusted operation contract with the Dong-gu Office on January 2013, 2013, and the suspension of its operation. There is also a circumstance in which the Defendant appears to be able to give preferential repayment for overdue wages, etc. to workers, as the auction procedure for the instant sports center was in progress.

In addition, in full view of all the sentencing conditions as shown in the records and arguments of this case, such as the Defendant’s career, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed to be too uneasible and unfair.

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.