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(영문) 부산지방법원 2016.08.26 2015노4289
근로기준법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (two years of suspended execution for eight months of imprisonment, and one hundred and sixty hours of community service order) is too heavy or unreasonable.

2. The crime of this case is established that the defendant paid the total of 67,211,798 won of wages and retirement allowances of 14 workers employed by himself/herself, and that the defendant not paid the total of 49,620,793 won of wages and retirement allowances of 10 workers other than G, H, T, and Q up to the trial of the party, and that the defendant did not pay wages and retirement allowances of 49,620,793 won of wages and retirement allowances of 10 workers other than G, H, T, and Q until the trial of the party, and that the payment of wages and retirement allowances is a key element guaranteeing the basic life of the worker, unlike the case of default of ordinary obligations, is separately punished under

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the Defendant did not want the punishment of the said employee by mutual agreement between the said employee G, H, T, Q and the first instance court; and (c) the Defendant’s age, environment, family relationship, circumstances leading to the instant crime; and (d) circumstances leading to the instant crime and conditions for sentencing as indicated in the record, such as the circumstances before and after the instant crime, it does not seem that the lower court’s punishment is too heavy or unreasonable.

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

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