(영문) 울산지방법원 2013.4.26.선고 2013노188 판결

In light of the overall circumstances of this case, the sentence (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination:

Although there are extenuating circumstances, such as the defendant's wrongness, there are 59 workers who suffered from each of the crimes of this case, and the total amount of overdue wages has not been recovered from the name of 122,2890,000 won, and the defendant again commits the crime of this case even though 10 times of punishment, such as being punished three times of violation of the Labor Standards Act, even though 10 times of punishment, etc., the defendant committed the crime of this case, and all other sentencing conditions, such as the age, character and behavior, environment, and circumstances after the crime, etc. of the victim, it is difficult to say that the original trial sentence imposed on the defendant is unfair, and therefore, the head of the defendant's main office is without merit.

3. Conclusion

Therefore, the defendant's appeal is without merit and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices. (The court below's judgment's application of the law to the second sentence of Article 109 (1) of the Labor Standards Act is clearly stated that "Article 36 has been omitted due to mistake," and it is corrected ex officio by adding it under Article 25 (1) of the Rules on Criminal Procedure since it is obvious that it is omitted due to mistake).