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(영문) 창원지방법원 2017.02.15 2016노2966
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The facts that the Defendant recognized all of the instant crimes and reflected against the Defendant, and that the Defendant was not subject to a fine once due to a violation of the Act on the Establishment of Local Reserve Forces in around 1992, and that there was no other criminal record, and that the Defendant’s wife wanted the Defendant’s wife.

However, the crime of this case is committed by the Defendant’s total wages and retirement allowances that the Defendant did not pay to 73 workers amount to approximately KRW 520 million, and the case where the Defendant prepared a false record of treatment, etc. as if he/she was given treatment by an unsatisfying mm as he/she would have received treatment by an unsatisfying, which is disadvantageous to the Defendant, and the Defendant did not agree with the victimized workers at all, so that the victimized workers want to be punished by the Defendant.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair as it is too unreasonable.

3. In conclusion, 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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