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(영문) 광주지방법원 2012.11.28 2012노1705
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment and two years of suspended execution) is too unreasonable.

2. The judgment acknowledged that the defendant's liability for the crime of this case is recognized, but there is no evidence to prove that the defendant was subject to criminal punishment 10 times due to the violation of the Labor Standards Act, and there is no evidence to prove the existence and scope of the obligation to pay wages asserted by the defendant, such as the employment condition of E, the amount not paid by the defendant exceeds 62,694,514 won, the defendant promises the payment of wages in arrears to E several times, and the investigation agency also promises the payment of wages in arrears to the defendant, but the defendant did not pay wages in arrears to E even if the investigation agency made a statement about the plan to pay the wages in detail, and other various circumstances, such as the circumstance of the delayed payment of the wage of this case, the circumstance after the delay, the defendant's age and happiness environment, etc., as well as the sentencing conditions as provided in Article 51 of the Criminal Act

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

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