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(영문) 부산지방법원 2015.11.13 2015노2939
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the imprisonment of eight months imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the defendant recognized the crime of this case and reflects the fact that the circumstances of the company operated by the defendant led to the crime of this case because it is difficult for the defendant to commit the crime of this case.

However, the crime of this case is that the defendant delayed payment of approximately KRW 12,476,00,00 in total of the wages that the defendant must pay to 20 workers, and the case is not less than light in light of the victim and the number of damages. The wage and retirement allowances are core elements guaranteeing the basic life of workers, and thus, the payment of them is not to be made separately under the relevant Acts and subordinate statutes, unlike the case of general default. There is no change in the circumstances, such as the defendant's claim for payment in arrears exceeding the wages of the defendant, but the defendant has paid even some of the wages in arrears during the trial. Considering the fact that the defendant committed the crime of this case during the period of repeated offense, and other circumstances, including the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, circumstances after the crime, etc., the sentence of the court below is unreasonable.

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

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