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(영문) 부산지방법원 2018.10.11 2018노2483
근로자퇴직급여보장법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant did not pay an employee 5 a total of KRW 100,000,000,000 to KRW 17,000,000,000,000,000 won.

Defendant

The retirement pay and wages in arrears through the auction of the factory owned by the owner are deemed to have been paid to a certain extent, and there is no record that the defendant has been punished heavier than the fine.

However, when comprehensively considering the sentencing conditions, such as the defendant's age, occupation, and circumstances leading to this case, and the scope of the recommended punishment according to the sentencing guidelines (six months to two years) as a whole, including the size of the money obtained by the defendant, the fact that the damage was not recovered, and there is no new change in circumstances that could change the sentence of the court below in the trial of the party, and there is no other reason to change the sentence in the trial of the court below. The punishment sentenced by the court below is not severe within the reasonable scope of discretion.

3. Accordingly, 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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