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(영문) 서울남부지방법원 2013.05.31 2013노322

근로기준법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (700,000 won of fine) is too unreasonable.

2. The circumstances alleged by the Defendant, such as the degree of overdue wages determined, the victim’s failure to perform duties, etc., were already determined by the lower court to reduce the amount of the fine issued by the summary order by taking into account such circumstances. In full view of the following circumstances: (a) there is no change of circumstances that may be considered in the sentencing after the lower judgment; and (b) other circumstances that form the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background of the instant crime, means and methods, circumstances after the instant crime, and the Defendant’s age and happiness environment, etc.

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