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(영문) 대전지방법원 2015.09.02 2015노39

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant appears to have recognized all of the instant crimes; (b) the employees appears to have received substitute payments, etc. and paid a considerable portion of the unpaid wage, etc.; and (c) the Defendant has no same criminal history.

On the other hand, it is very low that the defendant has been punished as a sentence, such as the fact that the wage that the defendant has not been paid is a substantial amount, the defendant's additional repayment of the wage that he has not received in addition to that that he has been paid as a substitute payment, and the fact that the defendant has

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

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