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(영문) 서울중앙지방법원 2015.04.10 2014노5030
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) and the evidence submitted by the prosecutor, it is sufficiently recognized that the defendant did not pay 5.1 million won in total to workers E as stated in the facts charged.

2. The first instance court found the Defendant not guilty of the facts charged on the ground that it is difficult to believe the E’s statement in the court of first instance, which corresponds to the facts charged, in full view of the circumstances as stated in the reasoning of the judgment, and the remaining evidence submitted by the prosecutor alone cannot be deemed as proved to the extent that the date of retirement and the amount of overdue money and valuables in arrears were identical to the facts charged

Examining the evidence in accordance with the record, it is justifiable for the first instance court to have acquitted the Defendant of the facts charged on the basis of the aforementioned determination of evidence.

The prosecutor's assertion is without merit.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.

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