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(영문) 서울남부지방법원 2016.05.19 2015노1909
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal has been in arrears with wages of workers since several years ago.

The total amount of wages and retirement allowances in arrears paid by the defendant is very high as 218,59,743 won.

Even after the defendant was prosecuted, the defendant did not make efforts to reach an agreement with workers.

In full view of these circumstances, the sentence imposed by the court below on the defendant is too unfortunate and unfair.

2. The Defendant deposited KRW 15 million for workers in the first instance.

In addition, considering the circumstances favorable or unfavorable to the defendant and the defendant's age, sex, career, family relation, environment, motive, means and result of the crime, circumstances after the crime, criminal experience, etc., as well as the reasons for sentencing of the lower judgment, the lower court's punishment cannot be deemed as unfair even if considering the circumstances asserted by the prosecutor on the grounds of appeal, even if it is deemed that the lower court's punishment is too unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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