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(영문) 대구지방법원 2018.03.21 2017노5229
파견근로자보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. As a subcontractor, the Defendant appears to have rejected the demand of the original subcontractor and dispatched the employee.

In addition, the Defendant closed his business after the instant case.

However, the defendant's act is an act of avoiding the Act on the Protection, etc. of Dispatched Workers for the purpose of protecting dispatched workers such as employment stability and promotion of welfare of dispatched workers, and the crime is not weak, and it is also reasonable to dispatch workers illegally.

In addition, in full view of the various circumstances shown in the records and arguments, such as the type and scale of the instant dispatched work, the sentence imposed by the lower court is appropriate and the sentencing judgment by the lower court exceeded the reasonable bounds 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 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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