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(영문) 인천지방법원 2018.06.22 2017노4583
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the prosecution against the violation of the Labor Standards Act and the violation of the Act on Guarantee of Retirement Benefits for Workers D, and sentenced the remainder of the facts charged. Accordingly, among the lower judgment, the part of the lower court’s judgment on the conviction was appealed on the grounds of unfair sentencing, and the dismissal part of the prosecution among the lower court’s judgment was separate and finalized as the Defendant and the Prosecutor did not appeal, and thus, dismissed part of the prosecution

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended sentence, and eight hours of social service) is too unreasonable.

3. The Defendant’s payment of unpaid wages to G in this court is favorable to the Defendant that the employee G does not want the Defendant’s punishment.

However, even before the instant case, the Defendant committed the instant crime even if he had been punished for a fine due to the violation of the Labor Standards Act, and the fact that a large number of workers would have suffered considerable economic pain due to the instant crime, and in full consideration of the sentencing conditions indicated in the record, such as the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

4. 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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