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(영문) 광주지방법원 2013.09.06 2013노1182

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (2 million won of fine) is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case and reflects the fact that the defendant did not have the same criminal record. However, since the crime of this case is directly connected to the livelihood of the worker and his/her family members, and the number of workers who did not receive wages reaches 19,00 won in total, it is not good that the crime is committed, and the damage suffered by workers is not recovered up to the trial, and considering all the sentencing conditions under Article 51 of the Criminal Act, including the balance in sentencing with other similar cases, the defendant's age, character and behavior, family environment, etc., it cannot be deemed unfair since the court below's punishment is too excessive. Thus, the defendant's argument 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.

However, since it is clear that "1. Q and R's statements are omitted in the summary of the evidence of the judgment below, it shall be corrected to add them pursuant to Article 25 (1) of the Regulation on Criminal Procedure.

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