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(영문) 광주지방법원 2019.01.24 2018노2693
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. A large amount of damages caused by the determination is a majority of workers, and the total amount of overdue wages, etc. exceeds KRW 840,000,000, the Defendant’s liability for the offense is disadvantageous to the Defendant.

On the other hand, there are extenuating circumstances in which the defendant was unable to pay wages and retirement allowances to workers, and the bankruptcy of the company is recognized by the defendant's cooperation, and the worker seems to have received the amount equivalent to the amount in arrears through the Korea Labor Welfare Corporation as substitute payment, and the fact that the defendant has no record of being punished for the same crime is favorable.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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