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(영문) 서울북부지방법원 2016.10.21 2016노870

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (one million won of a fine) pronounced by the original court which is the summary of the grounds for appeal is too unreasonable;

2. Considering that the management status of the company operated by the defendant aggravated and there are some other circumstances that may be taken into account the background of the crime in this case, considering the fact that the overdue amount of the defendant is not significant, and that the defendant still remains unable to recover damage despite a long time period has given to resolve this problem, the sentencing of the court of original judgment appears to be within the reasonable scope of its discretion, and there is no change in the sentencing conditions that may be newly considered in the trial.

Therefore, it is not recognized that the punishment of the judgment below is too unreasonable because it is too unreasonable.

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