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(영문) 광주지방법원 2018.10.17 2018노2140

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the Defendant recognized the instant crime and against the Defendant; (b) the victims of fraud did not want the Defendant’s punishment against the Defendant; and (c) the victim J wanted the Defendant’s preference even in the trial; and (d) the payment of substitute payment under the Wage Claim Guarantee Act was made to some workers; (b) the Defendant’s overdue wages to the employees; (c) the amount of money obtained by the victims of fraud was not much significant; and (d) there were multiple criminal punishment records, such as being sentenced to suspended sentence of imprisonment for the same crime in 2010; and (d) there was no change in the sentencing conditions compared with the lower court’s sentencing. In full view of the various sentencing conditions shown in the instant argument, the Defendant’s above assertion by the Defendant cannot be deemed unfair because the lower court’s punishment is too unreasonable.

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.