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(영문) 부산지방법원 2016.07.28 2016노487
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 500,000) is too unreasonable.

2. Although there are some extenuating circumstances in regard to the Defendant’s payment of wages, the instant crime was committed in light of the economic and mental difficulties that the victimized employee had experienced as a result of the employee’s non-payment of wages essential for his/her livelihood, the Defendant’s liability for the crime is minor.

In light of various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, means and method of a crime, and circumstances after a crime, etc., the sentence imposed by the lower court is too unreasonable, so long as it is too unreasonable, considering the fact that the Defendant has already been punished twice due to the same kind of crime, that the Defendant agreed with the victimized employee or did not make any effort to pay overdue wages to the injured party, or that he did not make any effort to pay overdue wages.

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.

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