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(영문) 울산지방법원 2020.10.22 2019노470

근로기준법위반등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s sentence is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. After the decision of the court below was rendered, the Defendant paid part of the unpaid amount to the instant workers, but the amount was merely 10% of the total unpaid amount, and the injury was rarely not recovered. Since a considerable number of the instant workers want to be punished against the Defendant, it is difficult to view that there was a significant change in the sentencing conditions.

In addition, in light of the overall circumstances described in the reasoning of sentencing and all other conditions of sentencing indicated in the record, the sentence imposed by the court below against the defendant is determined within the scope of the court’s sentencing discretion, and it cannot be deemed that the sentence is too heavy or less severe to the extent that it cannot avoid reversal.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.