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(영문) 의정부지방법원 2016.11.17 2016노1776
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. It is recognized that there are some circumstances to take account of the circumstances surrounding the overdue payment of the Defendant’s wage, and that some of the damaged workers appears to have received part of the overdue payment as substitute payment.

However, the sum of the wages in arrears of the defendant exceeds KRW 100 million, and the wage in arrears has not been paid properly until the last two years since the work that used the damaged workers was completed.

The defendant has two times criminal records of the same kind of fine.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be 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 ground that it is without merit. It is so decided as per Disposition.

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