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(영문) 대구지방법원 2017.11.10 2017노23
최저임금법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case against the Defendant, dismissed the public prosecution as to the violation of the Labor Standards Act in the crime list attached to the lower court. The lower court, among the charges in the instant case, convicted the Defendant, and convicted the Defendant of the remainder of the charges. Since the dismissal of the public prosecution for which the prosecutor did not appeal because only the prosecutor appealed on the guilty part, becomes final and conclusive by the lapse of the appeal period, the lower court shall be tried only for the convicted part of the lower judgment.

2. The sentence (700,000 won) pronounced by the lower court on the gist of the grounds of appeal is deemed to be too unfilled and unfair.

3. The Defendant did not resist the Defendant’s mistake while denying the Defendant’s violation of the Minimum Wage Act and the Labor Standards Act (i.e., non-payment of wages). Each of the instant crimes is a normal situation where the Defendant paid 22 workers less than the minimum wage amount, did not pay 2,03,068 won in total, such as the minimum wage difference or overtime working allowances, etc. to six retired workers, or did not deliver a document specifying working conditions, etc. while concluding a labor contract with the employee, and the Defendant committed each of the instant crimes, even though he had a history of punishment for the same kind of crime, is disadvantageous to the Defendant.

However, the defendant's confession of the crime of violating the Labor Standards Act (non-preparation of the labor contract) in this case, the defendant is against the defendant's consent to the crime of violating the Labor Standards Act (non-preparation of the labor contract) in this case. The amount of unpaid wages, etc. of the victimized workers is not significant, and the defendant seems to have made considerable efforts to agree with the victimized workers including the part dismissed in the court below, and other favorable circumstances such as the defendant's age, sexual behavior, environment, and motive and motive leading to the crime of this case.

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