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(영문) 부산지방법원 2020.09.10 2020노1373 (1)

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) by the court below is too unreasonable.

2. While the Defendant submitted a written agreement from five victims at the trial of the judgment party, the crime of this case is much more than the number of workers who did not reach the agreement as intended for 17 victims, the amount of unpaid wages is considerable (it cannot be deemed repayment due to the Defendant’s efforts), the Defendant has already been punished for the same kind of crime, and other factors of sentencing as stated in the court below’s and the party’s arguments are comprehensively taken into account the following factors: the Defendant’s age, records of the crime, the background of the crime, the method of the crime, and the circumstances after the crime. The punishment imposed by the court below is not heavy since it was conducted within the reasonable scope of discretion.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.