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(영문) 수원지방법원 2016.04.15 2015노5361

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (for four months of imprisonment and one year of suspended sentence) is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, sex, environment, family relationship, circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court is too excessive and unfair, and thus, it is not recognized that the Defendant’s assertion is not reasonable, inasmuch as the Defendant’s punishment imposed by the lower court is too excessive, in light of the following: (a) the total amount of wages and retirement allowances paid to three workers exceeds KRW 120 million; (b) the amount of unpaid wages and retirement allowances was not reached to the lower court up to the trial; and (c) the actual damage was not recovered; and (d) the Defendant’s age, sex, environment, family relationship, circumstances after the crime, and all other circumstances constituting the condition for sentencing.

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.