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(영문) 대전지방법원 2018.06.15 2018노123

근로기준법위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the opinion of the appellate court is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Da1488, Apr. 1, 2015). In light of the aforementioned legal principles, the lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances of the Defendant’s sentencing, and as there is no reason to newly consider the Defendant’s sentencing in the first instance court,

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

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