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(영문) 울산지방법원 2016.12.16 2016노1632
근로기준법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We examine the grounds for appeal by the defendant and the prosecutor.

There are 38 workers who did not receive wages, etc. from the Defendant, and the total amount of wages not paid by the workers reaches 157,406,000 won, 17 times for the violation of the same Act, 13 times for the violation of the Road Traffic Act, 13 times for the violation of the Guarantee of Automobile Accident Compensation Act, 10 times for the violation of the Guarantee of Automobile Accident Compensation Act, and 38 workers who did not reach an agreement with the victimized workers until the trial are disadvantageous to the Defendant.

On the other hand, the defendant's recognition of all of the crimes of this case is against the defendant, and the interest payment to the defendant was deposited by the Dispute Resolution Co., Ltd., and the total of 61,976,000 won was distributed to the 14 damaged workers during the distribution procedure for the above deposit, and the defendant's deposit KRW 80,000 for the victim of the violation of the Road Traffic Act at the trial is favorable to the defendant.

In full view of the circumstances favorable to the Defendant’s disadvantage, and other circumstances that form the conditions for sentencing as shown in the process of trial and records, such as the Defendant’s age, character and conduct, environment, home environment, the background leading to the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, it cannot be deemed that the Defendant and the prosecutor’s allegation of unfair sentencing is

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

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