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(영문) 의정부지방법원 2016.07.22 2015노3302
근로기준법위반등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. We examine the reasoning of appeal. Each of the crimes of this case committed by the Defendant is that 101 workers did not pay approximately KRW 150 million in total of wages and retirement allowances to them, and the crime was not less light in light of the content and method of the crime, the degree of damage, etc. (the Defendant was prosecuted against 150 workers on the charge that he did not pay approximately KRW 150 million in total of wages and retirement allowances to 150 million. Upon agreement with 49 workers at the lower court, a public prosecution was dismissed on the part that paid KRW 50 million in total of wages and retirement allowances to the above 49 workers, etc.). Many workers might be deemed to have suffered considerable economic damage due to the non-payment of wages by the students, etc. who did not engage in a subsequent balance with the subsequent balance with the lower court. It is recognized that there was a normal reason that the Defendant was punished for the same kind of crime, etc.

On the other hand, the defendant recognized all the facts of the crime of this case, and agreed that the defendant's mistake would be against the worker CX, CY, CH, BF, and the 54 workers deposit approximately KRW 20 million in total (excluding deposits to the above workers because the dismissal judgment was pronounced at the court below and the judgment was not subject to the party deliberation). The substitute payment was made to a large number of workers through the Labor Welfare Corporation, and the Labor Welfare Corporation received approximately KRW 46,371,00 to pay KRW 46,71,00 to workers during the auction procedure, and most substitute payments were collected by the Labor Welfare Corporation by receiving approximately KRW 46,371,00 in the same and similar cases, balance of the ordinary criminal punishment in the same kind and similar cases, and the defendant's age, sex, intelligence, and intelligence as shown in the argument of this case.

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