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(영문) 의정부지방법원 2015.07.28 2014노2590
근로기준법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. It is recognized that the Defendant’s delayed payment of wages seems that 40 workers suffered considerable pain, and that the total amount of unpaid wages reaches 70 million won, but failed to recover the damage.

B. Meanwhile, in full view of the following circumstances: (a) the Defendant’s consent to the instant crime while committing the instant crime; (b) there is no same type of criminal records and no record of punishment exceeding fines; and (c) the Defendant’s management of the Defendant appears to have led to the instant crime due to difficult circumstances; and (d) the Defendant’s age, character and conduct, environment, and the details of the instant crime, etc., which are the conditions of sentencing specified in the records and arguments, the sentence imposed by the lower court is deemed appropriate; and (b) it is too somewhat less or unreasonable

C. Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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