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(영문) 대구지방법원 2018.03.23 2017노4705
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (4 million won) imposed by the defendant is too unreasonable.

2. The fact that the defendant had no record of punishment for the same kind of crime, and that the defendant's failure to receive construction payment from the ordering office caused the delayed payment of the wages in this case is favorable to the defendant.

The fact that there are seven workers who did not pay wages, that the total amount of unpaid wages exceeds 21 million won, and that the damage has not been recovered is disadvantageous to the defendant.

In addition, in full view of the various circumstances shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relation, motive, background, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is appropriate and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion 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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