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(영문) 수원지방법원 2020.10.22 2020노2283

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (hereinafter referred to as a fine of four million won) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected the mistake.

However, the crime of this case is that the defendant did not pay 24,690,774 won, including wages, to 11 workers, and the crime of violating the Labor Standards Act due to such payment of wages, etc. is directly connected to the livelihood of workers and their family members. Therefore, the quality of the crime is poor, and the number of workers who have not received wages and the amount of unpaid wages is not much high, and the liability for the crime is not easy. There are several cases where the defendant had been sentenced to a fine for the same kind of crime before the crime of this case; there are no special circumstances to change the sentencing of the court below after the sentence of the court below; and there are no other factors to change the sentencing of the court below after considering the defendant's age, character and behavior, the motive and background leading up to the crime, the means and consequence of the crime, the circumstances after the crime of this case, etc.,

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.