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(영문) 서울동부지방법원 2016.10.20 2015노1751

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in this case, the lower court dismissed the prosecution as to the violation of the Labor Standards Act with respect to workers B and C, and convicted the remainder of the facts charged. Since only the Defendant appealed with respect to the convicted portion of the lower judgment, the dismissed portion of the lower judgment’s dismissal of prosecution has become final and conclusive after the lapse

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 4 million (a fine of KRW 4 million) is too unreasonable.

3. In full view of the following factors, including the background of the instant delay, the number of victimized workers, the sum of the amount in arrears, and other major sentencing factors, and all other circumstances, including the Defendant’s age, character and conduct, the environment, the circumstances and result of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is adequate and is not deemed unfair.

4. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition