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(영문) 서울서부지방법원 2020.11.12 2020노876
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no new circumstance to change the sentence of the lower court in the trial, and there is no other reason to view that the lower court’s sentencing is too excessive and exceeded the reasonable scope of discretion, considering all factors of sentencing as shown in the argument of the instant case, including the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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