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(영문) 부산지방법원 2019.09.27 2019노736
근로기준법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution as to the violation of the respective Labor Standards Act against the victim C, D, E, F, and G among the facts charged against the Defendant, and sentenced the Defendant to the remainder of the facts charged.

Accordingly, since the defendant and the prosecutor appealed on the guilty part of the judgment of the court below, the dismissal of prosecution that the defendant and the prosecutor did not appeal was separated and finalized.

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

2. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment for August suspension, two years of community service, 120 hours) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. It is recognized that the Defendant’s total amount of the unpaid wages to workers exceeds KRW 100 million, and that the defrauded of fraud also exceeds KRW 50 million.

However, in full view of the following factors: (a) the Defendant agreed with N which is the victim of fraud in the lower court; (b) the said victims do not want the punishment of the Defendant; (c) the Defendant deposited the unpaid wage of KRW 5.77 million for N; (d) the Defendant deposited the unpaid wage of KRW 6.9 million for M; and (e) the facts constituting the instant crime in the first instance; (c) the Defendant was guilty of a violation beyond the fine; and (d) the Defendant did not have any criminal record in excess of the fine; and (e) other factors of sentencing specified in the oral proceedings of the instant case, such as the Defendant’s age, character and conduct and environment; (e) motive for committing the crime; and (e) the circumstances after committing the crime, etc., the lower court’s sentencing is too heavy or unf

Therefore, each of the defendant and prosecutor's arguments is without merit.

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

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