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(영문) 의정부지방법원 2018.12.13 2018노515
근로자퇴직급여보장법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution as to the part concerning No. 1 B of the year indicated in the list of crimes attached to the lower judgment, and rendered a judgment of conviction as to the remainder of the facts charged.

Since only the Defendant appealed on the conviction part, the dismissed part of the judgment of the court below becomes separate and definite and excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

3. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, if the first instance court did not change the conditions of sentencing, and if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court on the sole ground of the difference between the view of the appellate court and the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original court on the grounds that new sentencing materials have not been submitted in the trial, and the sentencing of the lower court is not recognized to have exceeded the reasonable scope of discretion because the sentencing of the first instance court is too large, in full view of all the reasons for sentencing as stated by the lower court and the reasons for sentencing in the instant

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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