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(영문) 서울중앙지방법원 2015.05.01 2014노4265
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the first instance court is too unreasonable;

2. The determination of this case is that 13 workers did not pay the total of 76 million won of wages and retirement allowances to 13 workers, and its criminal liability is not minor.

The overdue wages and retirement allowances have not yet been repaid, and there is no change in circumstances that can be newly considered in sentencing after the judgment of the first instance.

In addition, in full view of the defendant's age, character and conduct, environment, circumstances of crimes, details, results, and all the sentencing conditions shown in the records and pleadings, the first instance sentence is too unreasonable.

Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

However, in accordance with Article 25 of the Rules on Criminal Procedure, the term "2,80,00 won" in Article 25 (2) 3 of the facts constituting the crime in the judgment of the court of first instance shall be corrected to "2,717,260 won", and "Article 9" shall be added after "Article 44 (1) and (2) of the Act on the Guarantee of Workers' Retirement Benefits" in Article 25 of the same Act

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