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All appeals by the defendant and the prosecutor are dismissed.
Reasons
The defendant did not submit a written reason for appeal within the statutory period.
The sentence (one year of suspended sentence in six months) sentenced by the court below to the defendant is too unhued and unfair.
Judgment
On December 14, 2015, the Defendant filed an appeal against the lower court on December 15, 2015, and received a notice of receipt of the record of trial from the lower court on January 15, 2016, the Defendant failed to submit a statement of grounds for appeal within 20 days, which is the period for submitting the legitimate grounds for appeal, notwithstanding the receipt of the record of trial from the lower court, and the petition of appeal does not contain any indication of grounds for appeal (Provided, That the Defendant was present at the first trial date of the first trial of the lower court and stated the grounds for appeal as unfair sentencing), and there is no reason for ex officio examination on the records (it is deemed that the Defendant was deemed that he reached an agreement with workers E and L at the trial of the lower court, but the Defendant’s appeal cannot be deemed unfair solely on such circumstance). Accordingly, the Defendant’s appeal should be dismissed pursuant to Article 361-4(1) of the Criminal Procedure Act (Provided, That the Defendant’s assertion that the Defendant’s punishment is unreasonable should be considered in determining the prosecutor’s claim as to the Defendant’s wages and the amount of KRW 600 million.
Until the trial, the Defendant did not agree with the victims.
In the past, the defendant has been punished as a violation of the Labor Standards Act.
However, it appears that a substitute payment was made to the instant workers in an amount equivalent to approximately KRW 50 million in total, and the Defendant expressed his intention not to punish the Defendant in the first instance by mutual consent with workers E and L.
In addition, the above circumstances and the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime.