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(영문) 부산지방법원 2018.10.11 2018노2859

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (1,000,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the Defendant are recognized, such as the confession of the instant crime and the Defendant reflects the mistake.

However, the crime of this case is deemed to have been in arrears with wages of KRW 3,243,60 in total for 2 victims; the criminal liability is heavy in light of the substance of the crime; the defendant has not yet agreed with the victims; the defendant has the same criminal records; the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing; there is no change in the conditions of sentencing compared with the first instance court; and the first trial sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances favorable to the defendant are appropriate to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Considering the circumstances that do not fall under a special change of situation that could change the sentence of the court below after the pronouncement of the judgment of the court below; the defendant's age, sex, environment, etc., the sentencing of the court below's punishment against the defendant is too unreasonable.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the “applicable of the Act” of the lower judgment ex officio pursuant to Article 25(1) is amended as “the Act on the Standards of Work” under the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017).