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(영문) 울산지방법원 2013.04.26 2013노188
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

2. Although there are extenuating circumstances such as the defendant's misjudgmentation of the judgment, there are 59 workers who suffered from each of the crimes of this case, and the total amount of overdue wages has not been recovered from the name of 12,2890,000 won, and the defendant again commits the crime of this case even though 10 times of punishment had been imposed on 3 occasions due to the violation of the Labor Standards Act, and all of the sentencing conditions, such as the defendant's age, character, character, environment, and circumstances after the crime, are considered as a whole. Thus, the defendant's assertion is without merit, since the sentence imposed by 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.

(The "Application of Acts and subordinate statutes" of the judgment of the court below is clearly omitted from the "Article 109 (1) of the Labor Standards Act" of Section 2, Section 18 of the judgment of the court below. Since it is obvious that Article 36 was omitted due to mistake, it is corrected ex officio by adding it pursuant to Article 25 (1) of the

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