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(영문) 대구지방법원 2020.09.17 2019노4817
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) that the court below sentenced to the defendant is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and against the mistake, and that the substitute payment after the instant case was made by paying D KRW 7 million to D and KRW 4 million to E, and that the amount of unpaid wages was recovered to approximately KRW 68%.

However, the amount of unpaid wages in this case is not much than KRW 1,619,00, and the Defendant, as the same type of crime, has been punished eight times of fines from around 2014 to 2018, and one time of punishment in around 2016, which again led to the instant crime, and the liability for such crime is not weak.

In addition, in full view of the various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive and background, means and consequence of the crime, and the circumstances after the crime, and the new circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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