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(영문) 서울서부지방법원 2014.03.21 2013노1215
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (six million won of a fine).

2. The fact that the Defendant recognized his mistake and against himself, that the Defendant paid 12,00,000 won out of the unpaid wages of 66,445,450 won prior to the pronouncement of the lower judgment, and that the Defendant’s company was unable to receive service payment from the customer due to the aggravation of real estate competition, which led to the Defendant’s failure to pay wages to the victim is favorable to the Defendant.

However, the defendant did not agree with the victim or pay the remaining wages to the victim in addition to the court below's decision after the sentence of the judgment below. Other factors such as the motive, means, circumstances before and after the crime in this case, the character, behavior, career, environment, etc. of the defendant are considered to be too heavy. Thus, the defendant's above assertion is without merit.

3. Therefore, 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.

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