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(영문) 창원지방법원 2020.06.11 2019노2041
근로기준법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (nine months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (nine months of imprisonment) by the court below is too unhued and unfair.

2. Determination

A. The sentence of unfair sentencing refers to the case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The sentence of the judgment of the court below is too heavy in light of the contents of the specific case, or is deemed unreasonable.

The Defendant did not pay to 30 workers a total of approximately KRW 95 million.

Although the defendant had been punished for the same crime, he again committed the crime of this case.

However, the Defendant recognized the instant crime and is against the Defendant.

The defendant seems to have caused the crime of this case because he was unable to receive the price from the Joseon industry's economic depression and the Kwon company.

The company, in which the defendant was operated, has closed its business and paid wages to workers in preference to the price to be paid by the original company, and has cooperation so that workers can receive substitute payments.

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