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(영문) 전주지방법원 2014.05.23 2013노1402
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (hereinafter referred to as 1,00,000 won of fine) declared by the court below is too unhued and unreasonable.

2. The crime of this case is that the defendant did not pay wages and retirement allowances to workers while operating the stock company D, and the defendant did not agree with the workers until the trial at the trial without any special circumstance, and the defendant did not appear in the trial at the trial without any special circumstance. However, the defendant's confession and reflects the crime of this case, the defendant seems to have failed to pay wages and retirement allowances due to the aggravation of financial circumstances for the operation of the company, and the defendant does not have any criminal record except for the recent violation of the Labor Standards Act or the punishment of several times due to the violation of the Act on the Guarantee of Workers' Retirement Benefits. In full view of all other circumstances, the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, etc., which are the conditions for the sentencing of this case, the punishment imposed by the

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

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