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(영문) 대구지방법원 2016.09.28 2015노3549
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant’s mistake is divided, that there is no record of punishment for the same kind of crime, and that the overdue wage for each employee who has not been paid the unpaid amount of 4,660,000 won is not significant.

However, in light of the fact that the Defendant has been punished four times of a fine, the fact that wages have not been paid until the lapse of two years from the time when employees retired from office, the fact that there is no change of circumstances that may otherwise determine the age, sex, environment, motive, means and consequence of the instant crime, etc., and all of the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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