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(영문) 광주지방법원 2018.08.08 2018노77

근로기준법위반등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Of the facts charged in this case, the court below dismissed the prosecution against the violation of the Labor Standards Act or the violation of the Workers' Retirement Benefit Security Act with respect to each worker listed in the attached Table Nos. 1 through 13, 19, 21, and 22 of the List of Crimes listed in the judgment below, and convicted the remainder of the facts charged. Since the defendant and the prosecutor appealed only for the guilty part and dismissed the part not prosecuted by the defendant and the prosecutor, the scope of the party member's judgment shall be limited to the part which the

2. Summary of reasons for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

3. Considering that the number of damaged workers are many, and the amount of overdue wages and retirement allowances is not certain, strict punishment against the accused is required.

However, considering the fact that the defendant is divided into his mistake, that the defendant agreed with theJ and collected part of the damaged workers by receiving some money from the damaged workers during the auction procedure, that there is no previous conviction exceeding the fine against the defendant, the balance of the punishment with the same crime, the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, and the conditions of the sentencing specified in the argument of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or too unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

4. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.