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(영문) 대구지방법원 2016.12.23 2015노1598
근로기준법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The judgment recognizes each of the crimes of this case as committing each of the crimes of this case, and recognized as having no record of punishment exceeding the fine.

However, considering the economic and mental difficulties of the victimized workers, the crime of this case did not pay essential wages to the worker's livelihood from time to time, and the amount of unpaid wages is not significant, the defendant's liability for the crime of this case is not minor.

Although the court below decided that the defendant was aware that he would make efforts to repay the victims and was punished by a fine, the defendant would not be able to recover damage to the victims and make it difficult to grasp his whereabouts, thereby making the trial date progress by service by public notice, and thus, the circumstances after the judgment of the court below are not very good.

In addition, punishment sentiment of victims is also strong.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, the sentence imposed by the lower court is deemed to be too uneasible and unreasonable.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor of the conclusion is with merit, and the following decision is rendered after pleading

(A) Since it is apparent that “M” of workers No. 9 of the original judgment is a clerical error in the “T”, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure (Article 25(1) of the Regulations on Criminal Procedure). (D) The summary of criminal facts and evidence recognized by the court is the same as that of each corresponding part of the judgment of the court below, and thus, it shall be cited in accordance with

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act and Articles 109(1) and 36 of the same Act concerning criminal facts;

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