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(영문) 대전지방법원 2017.03.15 2016노3503

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution against the violation of the Labor Standards Act against Workers G, H, I, and J, and sentenced the judgment of conviction against the remainder of the facts charged, and only the Defendant appealed against the aforementioned guilty portion.

Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

3. The judgment of the court below recognized the crime of this case and reflects the mistake, and it is more favorable that the crime of this case is committed in relation to the concurrent crimes between the two crimes, which became final and conclusive by the judgment of August in the judgment of the court below, Article 37 of the Criminal Act, and the balance with the judgment of the court below should be considered.

However, according to the circumstances such as the fact that there are a majority of workers who did not pay wages, the total amount of unpaid wages exceeds 66 million won, the defendant has not been paid the above wages to the previous workers, and the damage to workers has been left neglected for a long time, and the defendant has suffered the same kind of criminal records and several criminal records, etc., the defendant's responsibility cannot be deemed to be light.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make different from the original judgment and the punishment according to the sentencing conditions indicated in the records, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable, even if considering the Defendant’s assertion that the circumstances leading to the instant crime are somewhat considered.

Therefore, the defendant's above assertion is without merit.

4. As such, the Defendant’s appeal is without merit and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

참조조문