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(영문) 인천지방법원 2016.06.02 2015노4142

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the mistake and reflects, the fact that the defendant seems not to have caused the crime of this case due to the aggravation of management, and that it is the first offender.

However, in full view of the following circumstances: (a) the Defendant’s total amount of the unpaid wages to six workers is not 16 million won; (b) the overdue wages did not have been paid to the employees due to the failure to reach an agreement with them; and (c) the Defendant’s age, sex, motive, means and consequence of the instant crime; and (d) other circumstances that are conditions for sentencing, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

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.