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(영문) 수원지방법원 2015.05.27 2014노6850
근로기준법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the sentence of a fine of KRW 3 million, the sentence of a fine of KRW 200,000, and the judgment of the court below: the fine of KRW 5 million) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. That the total amount of wages and retirement allowances payable to the judgment worker D is 30 million won, the total amount of wages and retirement allowances payable to the worker E is not less than 36 million won, and that there is no agreement with the workers up to the trial, and that there is no substantial damage recovery, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant was committed in each of the crimes in this case and was committed in depth, and that there was no record of punishment for the same kind of crime in the past is favorable to the defendant.

In light of the above circumstances, if all circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, are taken into consideration, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the Defendant’s and the prosecutor’s assertion are too heavy or unreasonable. Thus, all of the arguments by the Defendant and the prosecutor are without merit.

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

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, "The details of individual delinquent money and valuables" in each of the items of the criminal facts of the judgment of the court below and each of the items of Article 25 (2) shall be corrected as follows.

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