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(영문) 울산지방법원 2018.02.21 2017노1551

근로기준법위반

Text

All appeals by the Defendants and by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (a fine of three million won) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. The circumstances favorable to the judgment: The defendants showed the attitude to recognize and reflect crimes.

There is no same power to the Defendants.

Unfavorable circumstances: The number of victims and the total amount of damage are not many.

The sentencing guidelines do not apply to all kinds of fines on the conditions of sentencing, which are shown in arguments and records, including the above favorable circumstances, unfavorable circumstances, the age and character environment of the Defendants, the relationship to victims, the motive and consequence of the crime, and the circumstances after the crime.

In full view of the foregoing, the lower court’s sentence imposed on the Defendants deviates from the sentencing discretion.

It is not recognized that it is unfair because it is too heavy or unfasible to the degree of evaluation.

3. Conclusion, the appeal by the Defendants and the appeal by the prosecutor against the Defendants is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.