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(영문) 울산지방법원 2016.07.22 2016노596
근로기준법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

In addition to the case of this case, a number of workers who had not received wages or retirement allowances from the Defendant are considered to have not received wages or retirement allowances from the Defendant, and the fact that the total amount of wages and retirement allowances paid to them is up to 31,589,556 won, and a considerable number of workers are considered to have not received wages or retirement allowances from the Defendant.

However, there is no record of criminal punishment exceeding a fine in the past, and there is a substitute payment equivalent to 24,845,110 won to the victimized workers of this case (46 to 49 pages), and the structural problems between the original and its subcontractor are deemed to act as a cause of the instant crime for which the Defendant did not pay wages, etc. to the workers, etc., in favor of the Defendant.

As above, comprehensively taking account of the circumstances favorable to the Defendant’s disadvantage, such as the Defendant’s age, sex, environment, home environment, the background leading to the instant crime, and the circumstances leading to the instant crime, etc., as well as all other circumstances that form the conditions for the sentencing as shown in the trial process, the lower court’s punishment cannot be deemed unfair because it is too excessive or too heavy, and thus, it does not accept all of the unfair claims for sentencing by the Defendant and the Prosecutor.

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

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