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(영문) 광주지방법원 2014.09.25 2014노1554
근로기준법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The lower court dismissed the prosecution against the violation of the Labor Standards Act as to C and D, the violation of the Labor Standards Act as to E, and the violation of the Guarantee of Workers' Retirement Benefits Act among the facts charged in the instant case. The Defendant appealed on the conviction portion on the ground of unreasonable sentencing, and the prosecutor did not appeal the dismissal portion. As such, the dismissed portion of the lower court’s dismissal of prosecution was separately determined as it is, and only the convicted portion falls under

2. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

3. The fact that the Defendant’s unpaid wages amount to approximately KRW 63 million, the Defendant was punished for each fine on two occasions in 2002, and the Defendant was punished for the same kind of crime in violation of the Labor Standards Act in 2011, and the Defendant was discovered and detained on January 29, 2014 and was released on bail on March 24, 201. As such, the Defendant was released on bail on March 24, 2014, where two months have not elapsed from the date of drunk driving and the Defendant was released on bail on March 26, 2014, which was only two months from the date of release as bail.

However, considering the favorable circumstances, such as the fact that the defendant's mistake is recognized and reflected, the fact that the defendant has no record of being punished more than a suspended sentence, the fact that the defendant's real estate G was in progress with respect to real estate owned by the defendant, the possibility that the unpaid wage, etc. would be repaid preferentially in the above auction procedure, and the fact that the blood alcohol concentration is relatively higher than 0.083% in relation to the point of drinking driving on March 26, 2014, and that the distance of drinking driving is not long, the court below sentenced the defendant to all the sentencing conditions in this case, such as the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and the circumstances after the crime.

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