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(영문) 수원지방법원 2018.01.18 2017노6120

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. The fact that the decision-making defendant acknowledges and reflects his criminal act, and that the employee appears to have received a part of the substitute payment, etc. is favorable to the defendant.

However, as in the instant case, the act of delaying payment of wages, etc., like the instant crime, is likely to seriously undermine the basic life of workers and threaten their family's survival, and the total amount of unpaid wages, etc. reaches about 17.5 million won, and the lower court appears to have sentenced the Defendant to a fine of KRW 1.5 million in consideration of the favorable circumstances as seen earlier, and there is no change in the situation to be particularly considered in sentencing when considering the fact that there is no change in the situation to be considered in the first instance court, and in full view of all the sentencing conditions indicated in the instant records, such as the Defendant's age, environment, sex, criminal conduct, circumstances leading to the crime, etc., the lower court's sentencing is too excessive and it is difficult to deem the Defendant's above assertion to be unfair.

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