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(영문) 서울동부지방법원 2018.02.09 2017노1609

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence (one year of imprisonment and two years of suspended sentence) imposed by the lower court against the Defendant is too unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Defendant. While an agreement with the victim D was reached in the trial at the first instance, such reasons alone are difficult to be deemed as a special reason to change the above punishment.

In the end, the defendant's argument of sentencing is not acceptable.

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