beta
(영문) 수원지방법원 2018.01.11 2017노4673

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 (2 million won in penalty) is too unreasonable.

2. The fact that the Defendant appears to have the attitude of recognizing and reflecting all of his criminal acts, the amount of fraud damage is not more than KRW 770,000,00, and the principle of equity with the case that the Defendant has judged simultaneously with the crime of violating the Road Traffic Act (unlicensed Driving) as stated in the judgment becomes final and conclusive is favorable to

However, the act of delayed payment of wages, like the crime of this case, is likely to undermine the basic life of workers and threaten their family's survival, and the defendant has been punished several times prior to the crime of fraud and the Labor Standards Act, and it seems that the victim of the crime of fraud has been recovered or did not reach any particular agreement, and in full view of all the sentencing conditions stated in the records of this case, including the defendant's age, sexual conduct, environment, motive and circumstance leading to the crime, circumstance after the crime, etc., it is difficult to see that the sentencing of the court below is too excessive and unfair. Thus, the above assertion by the defendant 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.