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(영문) 창원지방법원 2016.12.14 2016노1394

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of six million won) is too unreasonable.

2. The judgment of the defendant is advantageous to the recognition of all of the crimes of this case, and the fact that the defendant does not have any record of punishment for the same kind of crime is favorable.

However, each of the crimes of this case is disadvantageous to the fact that each of the crimes of this case is that the defendant delayed payment of the total amount of 45 million won for two workers, and that the crime is not good, and that there is no particular recovery of damage up to now.

Considering the Defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and various conditions of sentencing indicated in the instant records and pleadings, including the circumstances after the crime, the lower court’s judgment cannot be deemed unreasonable to have exceeded, or maintain, the reasonable bounds of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.