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(영문) 인천지방법원 2013.08.07 2013노1418
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of KRW 500,000) against the Defendant is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects his mistake, and the fact that the defendant does not have the same criminal record is favorable to the defendant.

However, in full view of the fact that the defendant did not pay the overdue wages up to the trial, there is no change of circumstances to be taken into account differently, the equity in sentencing with the same or similar incidents, and other various conditions of sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, family environment, and circumstances after the crime, it is not recognized that the sentence of the court below against the defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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