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(영문) 전주지방법원 2015.07.17 2015노542

최저임금법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. In the instant crime, the Defendant’s payment of wages below the minimum wage rate for 18 workers in one year, and the payment of wages equivalent to 13 million won that the said workers should receive, and the nature of the crime is not weak.

However, in light of all of the following factors: (a) the Defendant led to the confession of and against the instant crime; (b) the Defendant agreed with three workers; (c) the total amount of unpaid wages was deposited for the employees who did not agree; (d) the Defendant was not subject to criminal punishment; and (e) the Defendant’s age, character and conduct, family environment, etc.; and (e) all of the sentencing conditions specified in the instant argument, such as the Defendant’s age, character and conduct

Therefore, prosecutor's assertion is not accepted.

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