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(영문) 울산지방법원 2018.11.30 2018노863
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of April and the suspension of execution of one year, the fine of 700,000 won) is too unreasonable.

2. The judgment of the court below shows the attitude of the defendant against his mistake, the fact that the defendant paid wages and retirement allowances unpaid to the worker F before the decision of the court below was made, the defendant brought a criminal action against the worker F on suspicion of occupational embezzlement, etc., the defendant brought a lawsuit against the worker F, the claim for compensation for damages, and the fact that there is no record of punishment exceeding the fine, etc. The sentencing factors or the amount of the defendant delayed payment of wages of 11 million won for the two workers, and the amount of the defendant did not reach an agreement with the workers until now, the fact that there was not reached an agreement with the workers, the fact that there was two times of fines for the same kind of crime in 2015, the fact that there was no record of criminal liability for the unpaid wages, and the purport of the Labor Standards Act that the workers want to guarantee the fair payment of labor, considering the defendant's age, sex, family environment, motive and background of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc., it cannot be acknowledged that the court below sentenced too unfair punishment.

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

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