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(영문) 서울북부지방법원 2018.07.27 2018노837

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant is too unreasonable. (4 months of imprisonment and 1 year of suspended sentence)

2. The defendant's grounds for appeal are recognized to have committed a crime up to the trial of the court, and his mistake is divided.

The Defendant paid 500,000 won to workers Y and W in the first instance, and agreed that the above workers expressed their intention not to punish the Defendant.

On the other hand, on the other hand, the defendant had been punished by a fine for the same kind of crime before the crime of this case, and the wages unpaid to workers are not more than 60 million won in total.

Workers received the instant wage, etc. from the Labor Welfare Corporation as substitute payments.

However, since these substitute payments are not paid by the defendant's efforts, it is difficult to consider the important circumstances in sentencing for the defendant.

In addition, comprehensively taking into account all the circumstances revealed in the arguments, such as the Defendant’s age, sex, environment, criminal record, and the background and result of the instant crime, the above punishment sentenced by the lower court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

1. As to the facts constituting an offense, the pertinent Article of the Act and each of the “each of the Labor Standards Act” regarding each of the items of punishment shall be deemed to be “each of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017)” and the judgment of the court below shall be corrected.