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(영문) 대구지방법원 2018.06.22 2017노3992
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, and the community service order 120 hours) imposed by the court below is too unreasonable.

2. The fact that the defendant led to confession and reimbursement in the future, the substitute payment of KRW 16,762,140 is made to the victimized workers, and the fact that the company's management situation worsens, which seems to result in this case is favorable to the defendant.

However, in full view of the following: (a) the Defendant’s delayed payment of wages is relatively large; and (b) the same criminal records from 2012 to 2014 are four times; and (c) the Defendant’s age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the crime; and (d) all of the sentencing conditions indicated in the records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court was adequate and the lower judgment exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the defendant's assertion is without merit, since the defendant's punishment sentenced by the court below is too unreasonable as the defendant claims.

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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