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(영문) 대구지방법원 2016.11.24 2016노934
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's scope of judgment in this Court is dismissed among the facts charged in this case as to the violation of the Act on Guarantee of Workers' Retirement Benefits against Victims I and J and the violation of the Labor Standards Act against Victims D, E, F, G, and H, and the defendant appealed only to the remainder except the aforementioned dismissed part. Thus, the scope of judgment in this Court is limited to the remainder except the above dismissed part.

2. The summary of the grounds for appeal (e.g., a fine of eight million won) of the lower court is too unreasonable.

3. The judgment of the defendant recognized the crime of this case and against his mistake, the defendant was punished once by a fine, and there was no record of punishment for the same crime, and the defendant endeavored to pay unpaid benefits, etc., and the remaining victims other than the victim M and N paid unpaid benefits and agreed in the first instance trial are favorable to the defendant.

On the other hand, the fact that the defendant's unpaid benefits and retirement allowances amount to about 95 million won cannot be deemed to be less than that of the crime of this case is disadvantageous to the defendant.

Considering the above circumstances and other circumstances, such as the character and conduct of the defendant, the environment, the motive, means and method of the crime, and the circumstances after the crime, etc., the sentence of the court below is deemed appropriate as a punishment within the scope of its discretion.

Therefore, the defendant's assertion is without merit.

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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