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(영문) 수원지방법원 2018.04.20 2018노1040
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to four months of imprisonment, taking into account the favorable and unfavorable circumstances for the Defendant.

In full view of the facts that are the conditions for sentencing in this court, in particular, the fact that the defendant has already been punished for a fine for the same kind of crime, and that the crime of this case was committed during the period of suspension of execution, the judgment of the court below exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

Therefore, the defendant's assertion is without merit.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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