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(영문) 부산지방법원 2013.12.19 2013노2561
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment of imprisonment (two months of imprisonment, two years of suspended execution, one hundred and twenty hours of social service) is too large;

2. The defendant asserts that the punishment of the court below is heavy in light of the circumstances in which most workers agreed with the majority of the workers and most workers received substitute payments for a considerable period of time. However, the defendant's past records of having been punished by various criminal acts for more than 20 years are more than 20 years, and there are more than 10 times the amount of punishment for delayed payment of wages among them. In this case, the part which was not agreed at the court below out of about 58 million won of total overdue wages cannot be deemed to be less than 10,330,000 won. Thus, in light of the empirical rule, it can be said that workers who were not paid wages for a considerable period of time were suffering from economic and mental suffering. Nevertheless, the defendant did not make efforts to recover part or damage by his own fund and efforts and did not reach an agreement on substitute payments to the victims, and in light of the defendant's career, criminal history and personality and conduct, etc., the defendant's assertion that the punishment of the court below is too harsh, and thus, is dismissed.

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

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