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(영문) 대구지방법원 2017.11.29 2017노4266
근로기준법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (Defendant A: fine of 4 million won, and fine of 6 million won) declared by the court below to the Defendants is too unreasonable.

2. The fact that the defendants recognized the defendants' mistake and reflects the fact that the defendants failed to receive the construction cost from the ordering office, resulting in the delay in the payment of the wages in this case, and that the defendants agreed to pay wages to a considerable number of workers late is favorable to the defendants.

However, in full view of all the circumstances shown in the records and arguments of this case, including the number of workers who did not pay wages and the total amount of unpaid wages exceeds 18 million won, Defendant B had the same criminal record, and the Defendants’ age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, etc., the punishment imposed by the court below on the Defendants is appropriate, and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendants' assertion is without merit.

3. As such, the Defendants’ appeal 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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