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(영문) 인천지방법원 2016.10.28 2016노3272
근로기준법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (10 months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unreasonable.

2. The following circumstances are favorable: (a) the Defendant recognized the facts constituting an offense, and has given the explicit or implied consent in order to avoid a crime; and (b) the confession made by an investigative agency; (c) the crime of fraud and the Wage Claim Guarantee Act is a substitute payment system; (d) the nature of the offense is not good; (e) the number of workers committing the act of violating the Labor Standards Act and the amount of unpaid wages is considerable; and (e) the Defendant has been punished several times as a violation of the same Act; and (e) the Defendant committed the instant crime again during the period of repeated crime due to a crime of the same Act, as well as the period of repeated crime.

In addition, in light of various circumstances, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is deemed unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

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

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