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(영문) 대구지방법원 2016.07.06 2015노5040
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. On November 28, 2013, the summary of the grounds for appeal by the Defendant agreed to not pay the remainder of bonuses, retirement allowances, etc., excluding the wages of KRW 1.3 million, while paying KRW 10 million to the J on November 28, 2013, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment.

2. The court below rejected the defendant's assertion in detail on the lower part of the "a summary of evidence" of the court's judgment with the same argument as the grounds for appeal in this case. If we look at the above judgment of the court below in detail compared with the records, the court below's judgment is just and it is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, since it is apparent that the “13 million won” of the 3th 15th 15th son of the lower judgment is a clerical error in the “13 million won,” and thus, it is corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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