근로기준법위반등
The defendant's appeal is dismissed.
1. The reasoning of the appeal is that the sentence of the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions
The circumstances asserted by the defendant on the grounds of appeal are considered in the sentencing process of the court below.
In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.
When comprehensively taking into account the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the deliberation of the court below and the party concerned, the sentence of the court below is too unfair because it exceeds the reasonable scope of discretion.
3. In conclusion, 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 without merit. It is so decided as per Disposition.