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(영문) 대전지방법원 2014.06.26 2013노3283
근로자퇴직급여보장법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (two million won of a fine) declared by the lower court is too unfilled.

2. The judgment of this case is a case where the defendant, as an employer engaged in entertainment tavern business, failed to pay approximately KRW 50,000,000 in total wages and retirement allowances of eight retired workers, and the nature of the crime is not minor. However, the defendant has no specific penalty power, and the defendant's imposition of a maximum amount of fine is deemed to have been faced with economic difficulties due to accumulation of obligations after discontinuance of business due to continuous business operation, and the defendant's age, character and behavior, environment, motive, means, and consequence of the crime, and considering various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the prosecutor's allegation of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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