beta
(영문) 서울중앙지방법원 2015.05.15 2015노655

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the first instance court (two months of imprisonment, two years of suspended execution, and 1.5 million won of fine) on the summary of the grounds for appeal is too unreasonable;

2. The determination of this case is that the 11 employee did not pay the total amount of 19 billion won of wages and retirement allowances to the said 11 employee, and the liability for the crime is not minor.

The overdue wages and retirement allowances have not yet been repaid, and there is no change in circumstances that can be newly considered in sentencing after the judgment of the first instance.

In addition, in full view of the defendant's age, character and conduct, environment, circumstances of crimes, details, results, and all the sentencing conditions shown in the records and pleadings, the first instance sentence is too unreasonable.

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 since it is without merit.

[However, in accordance with Article 25 of the Regulation on Criminal Procedure, "1. Social Service Order Article 62-2 of the Criminal Code is deleted]