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(영문) 대구지방법원 2016.12.23 2016노3125
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s scope of the trial for the first instance is that the Defendant violated the Labor Standards Act with respect to the violation of the Labor Standards Act against D among the facts charged in the instant case, dismissed the prosecution, and convicted the remainder of the facts charged, and the dismissal of the public prosecution for which the prosecutor did not appeal due to the Defendant’s appeal only became final and conclusive upon the expiration of the period of appeal. Thus,

2. Summary of grounds for appeal;

A. Since the employee of this case in mistake of facts is not the employee of the F Co., Ltd. but employed in L, which was contracted to the L, the plaintiff, the actual representative of the F Co., Ltd., did not bear the responsibility to pay wages to the employees, the court below found the defendant guilty of the facts charged in this case. The judgment of the court below is erroneous in the misapprehension of

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

3. Determination

A. The court below rejected the above assertion in detail by stating the defendant's assertion and its decision under the title "the judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below, which is the same as the grounds for appeal of this case. If we compare the above judgment of the court below with the records, the judgment of the court below is just, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant is the primary offender of the judgment on the argument of unfair sentencing.

However, the Defendant did not appear to have the attitude of denying his criminal act and against the truth, and even though the unpaid wage exceeds a total of 7.2 million won, the above wage has not been paid up to now, and there has been no agreement with the employees.

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