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(영문) 대법원 2014.06.26 2014도2191
근로기준법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence of the first instance court’s adoption maintained by the lower court, the lower court’s finding the Defendant guilty of the facts charged in the instant case on the grounds indicated in its reasoning is acceptable.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by recognizing facts in violation of logical and empirical rules or by misapprehending the legal principles as to the degree of proof required in the "employer" and criminal trial under the Labor Standards Act.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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