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(영문) 서울동부지방법원 2020.11.26 2020노891
최저임금법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed this part of the public prosecution and convicted the Defendant on the violation of the Minimum Wage Act, on the grounds that the victim voluntarily expressed his wish to punish after instituting a prosecution on the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act among the facts charged in the instant case.

However, since the defendant appealed only for the guilty portion on the grounds of unfair sentencing as follows, and the dismissal of the public prosecution is separated and finalized, the scope of this court's judgment is limited to the conviction portion of the judgment below

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

3. In a case where there is no change in the conditions of sentencing compared with 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). Recognizing that the Defendant recognized the instant crime and reflects the fact that the Defendant agreed solely with the victim, the Defendant is recognized as having paid the victim wages below the minimum wage amount from March 2016 to December 2018, the Defendant paid the victim wages below the minimum wage amount, and the amount short of the minimum wage amount was not specified, even if the materials submitted at the trial were submitted in the trial, there is no significant change in the sentencing conditions compared with the lower court, and other circumstances that form the conditions for sentencing as indicated in the records and pleadings of the instant case, the lower court’s sentencing is too excessive, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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