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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with labor for one year, two years of suspended execution, community service) by the court below, asserts that the defendant is too unreasonable, and that the prosecutor is too uneasible and unfair.
2. In the instant crime, the Defendant, who is a contractor for construction work, did not pay approximately KRW 120,000,000 to the total amount of wages of 43 workers employed by himself/herself and provided labor at the construction site. The number of workers in arrears with wages is a majority and the amount in arrears is the maximum amount, and thus, the Defendant’s liability is heavy. The above 43 workers could have suffered considerable economic suffering due to their non-payment of wages, and even after a considerable period of time has elapsed from the time of providing labor, the above workers’ delayed payment of wages is not paid at all, and the Defendant has a 14-time criminal record, and the same criminal record has reached seven times the risk of re-offending.
On the other hand, the fact that the defendant recognized all of the crime of this case, and caused the delay in the payment of the wage of this case by the defendant is not caused by illegal acts, such as concealing or consuming the property of the defendant, but seems to be attributable to the situation that the contract price was not paid in time by the contractor, and that the defendant made efforts for the payment of wages by workers, such as the payment of the total amount of wages in arrears to 26 workers among 69 workers who were in arrears with wages at the court below, such as agreement that the defendant paid 45 million won among 69 workers who were in arrears with wages, and that there is a dispute over the amount of unpaid construction price, etc., which might be seen as losses through the construction of this case, and that the defendant
The above circumstances and other circumstances after the crime of this case.