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(영문) 창원지방법원 2014.12.18 2014노1308
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the sentence imposed by the court below (one year of suspended sentence in six months of imprisonment) is too unfluent and unfair.

2. The crime of this case is acknowledged that the defendant did not pay 126,966,874 won in total as wages and retirement allowances of 19 workers employed by the defendant within 14 days from the date of occurrence of the cause for payment without any agreement on extension of the due date. The unpaid wages and retirement allowances are high, and the defendant did not reach an agreement with the victims up to the trial, and the defendant has a record of being sentenced to a fine of four times due to the same kind of crime.

However, in light of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the employees were paid approximately KRW 73 million in total on two occasions as wage creditors with respect to unpaid wages; (c) the Korea Workers’ Compensation & Welfare Service received approximately KRW 35 million in total as substitute payments; and (d) most wages and retirement allowances would have been recovered; (b) equity with criminal punishment for other crimes similar to the instant crime; (c) the Defendant’s age, character and conduct, occupation and environment; (d) family relationship; and (e) the background and consequence of the instant crime; and (e) the circumstances leading up to the instant crime and arguments, etc., which are conditions for sentencing as indicated in the records and arguments, the Prosecutor’s assertion cannot be accepted, on the ground that the punishment imposed by the lower court is too

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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