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(영문) 부산지방법원 2017.09.29 2017노1878
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unfair because the punishment (amounting to KRW 800,000) imposed by the court below is too unreasonable.

2. The fact that the judgment is recognized and reflected in the crime, the fact that the defendant transferred the company of this case the unpaid wage obligation to the company of this case, but the transferee did not pay it properly, and that the defendant did not have the same criminal record is favorable.

However, the lower court appears to have determined the sentence in consideration of the favorable circumstances, and there is no change of circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment, taking into account the following circumstances: (a) equity in sentencing with the same and similar cases; and (b) equity in sentencing with the Defendant’s age, sex, sex, environment, family relationship, and circumstances after the crime, it is difficult to view the lower court’s sentence as unfair because it is too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

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.

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