beta
(영문) 광주지방법원 2013.04.05 2013노77

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (three million won of fine) is too heavy in consideration of various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The fact that the Defendant recognized the instant crime, and there are some other circumstances to consider the background leading to the instant crime, etc. favorable to the Defendant.

However, the crime of this case is directly connected to the livelihood of workers and their dependents, and the nature of the crime is not good, and the amount of wages, etc. not paid by the defendant is about 33 million won in total, and the defendant has the records of having been punished several times of the same crime, and considering all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act including balance in sentencing with other cases similar to this case, including the defendant's age, character and conduct, environment, conditions before and after the crime, etc., the court below's punishment cannot be deemed to be unfair because it is too unreasonable. Thus, the defendant's assertion 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 the defendant's appeal is without merit. It is so decided as per Disposition.