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(영문) 수원지방법원 2019.10.11 2019노1882

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (one million won of fine) is too large.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all of the reasons for sentencing (in particular, the fact that the Defendant was the primary offender, and the payment of overdue wages, etc. to workers was made by substitute payment) revealed in the process of the argument in the instant case, it cannot be deemed that the sentencing of the lower court exceeded the reasonable scope of discretion because the sentencing of the lower court is too excessive, and the sentencing of the lower court exceeded 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 since it is without merit.