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(영문) 청주지방법원 2019.06.28 2018노1303
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution as to the violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits against Workers B, C, D, E, F, G, and H, and convicted the remainder of the facts charged.

Since only the prosecutor appealed against the guilty portion, the dismissal part of the judgment of the court below which the prosecutor did not appeal was separated.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The summary of the grounds for appeal (nine months of imprisonment and two years of suspended execution) declared by the court below is too unhued and unreasonable.

3. The amount of wages and retirement allowances in arrears and the number of victims in which the judged defendant did not have sufficient number.

However, in light of the following: (a) the Defendant recognized his mistake; (b) the company’s financial aggravation due to the failure of the Defendant’s company to recover claims, making it impossible for employees to pay wages and retirement allowances; and (c) the Defendant appears not to have paid wages and retirement allowances in bad faith; (d) the circumstances that make it difficult for the Defendant to particularly criticize the Defendant, such as acquiring or concealing unjust profits; (b) the fact that considerable portion of the wages and retirement allowances in arrears was paid through an auction, etc.; and (c) other circumstances on pleadings and records, such as the Defendant’s age, character, character, environment, and circumstances after the crime, etc., the lower court’s punishment

4. The appeal by the prosecutor of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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