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(영문) 의정부지방법원 2018.11.19 2018노996
근로자퇴직급여보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. On April 11, 2018, the Defendant asserted that the Defendant paid the total amount of retirement pay by paying KRW 4,990,555,00,00 other than the four-time insurance premium, etc. paid by the Defendant on behalf of the Defendant, from the retirement allowance that the Defendant paid to E in the statement of reasons for appeal (unfair sentencing). However, the Defendant withdrawn the above assertion on the date of the first trial of the trial of the first instance, and even ex officio, there is no reason.

The sentence of the lower court (hereinafter referred to as 1,00,000 won) is too unreasonable.

2. Determination is a favorable condition, such as the fact that the Defendant recognized the instant crime and reflected the instant crime, the fact that the Defendant appears to have paid a considerable portion of the late payment of retirement benefits, and that there is no record of criminal punishment.

However, in full view of all the circumstances, including the fact that the amount of retirement allowances in arrears of the defendant is not large, the general amount of punishment in cases of the same kind of similar kind of cases, including the balance of the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc., the court below's punishment is deemed reasonable and too unreasonable. Thus, the defendant's improper assertion of sentencing 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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