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(영문) 의정부지방법원 2015.11.06 2015노612
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the punishment (three million won of a fine) imposed by the court below on the defendant is excessively unhued.

(On the other hand, the Defendant withdrawn the appeal on June 3, 2015). 2. The crime of this case, which is determined on June 3, 2015, is that the Defendant delayed the payment of wages or retirement allowances of approximately KRW 22 million to nine workers in total, and the nature of the crime is not less than that of the Defendant, and that there was a record of punishment for the same kind of crime, which is disadvantageous to the Defendant.

However, in light of the following circumstances: (a) the Defendant recognized the facts of the offense and against his/her mistake; (b) paid the overdue wages to workers E, J, K, and L in the trial; (c) paid the overdue wages to workers E, G, H, I, M and L; (d) there was no record of punishment exceeding the fine; and (c) there was no record of punishment exceeding the fine; and (d) other circumstances that are conditions for the sentencing of this case, such as the Defendant’s age, character, character, intelligence and environment; (d) the background leading up to the delayed payment of wages; (e) the amount of overdue payment; (e) the period of delay and delayed payment; (g) the number of employees damaged; (g) the scale and duration of the place of business; (v) the circumstances after committing the offense; (v) the criminal records

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

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