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(영문) 인천지방법원 2014.05.16 2013노3804
근로기준법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution against the violation of the Labor Standards Act with respect to workers C and D among the facts charged in the instant case, and as long as the prosecutor appealed only for the guilty part, the part of the judgment below's dismissal of each of the above dismissal of public prosecution becomes final and conclusive, and only the guilty part of the judgment below

2. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

3. The defendant is in arrears with wages exceeding 38 million won in total for five workers, and the liability for the crime is not weak. However, it appears that the defendant's efforts to pay wages such as providing the workers who did not receive wages with information on the procedures to receive the highest repayment of wages in the auction procedure for real estate owned by the defendant, and the defendant has to recognize his mistake and make the highest payment of wages as soon as possible, due to the deterioration of management, etc., the defendant inevitably caused the delayed payment of wages, and other favorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., and all of the sentencing conditions in the records and arguments of this case, such as the defendant's age, character and behavior, the motive and consequence of the crime of this case, the circumstances after the crime, etc., should be considered, and it cannot be said that the sentence imposed by the court below is unreasonable.

The prosecutor's assertion is without merit.

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

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