beta
(영문) 인천지방법원 2016.12.21 2016노1868

근로자퇴직급여보장법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment with prison labor for August suspension, two years of community service order, and eight hours of community service order) is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant’s mistake is recognized and is against the Defendant’s management deterioration, and the fact that the unpaid retirement pay in this case resulted in the instant crime, the number of employees’ damages have not been recovered up to the trial, the number of crimes punished for the same kind of crime has not been changed, and there are no special changes in circumstances after the decision of the court below, and all the sentencing conditions in the instant records and arguments, including the Defendant’s age, character and conduct, occupation and environment, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant as seen earlier, the sentence of the court below is too unreasonable.

Therefore, we cannot accept the defendant's above assertion.

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.