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(영문) 서울남부지방법원 2018.11.29 2018노1146
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment, three years of suspended sentence, and 120 hours of community service order) is too unreasonable.

2. It does not seem that new circumstances or special changes are likely to be reflected in sentencing after the decision of the lower court was rendered.

In full view of the fact that the defendant's mistake was committed by the defendant, the defendant did not have the same criminal record, and the crime of this case seems to have been committed due to business depression, and the fact that the defendant has endeavored to recover damage, the total amount of wages and retirement allowances not paid by the defendant exceeds 67 million won, and most of them remain in default until the lapse of two years from the date of retirement, and the victim and his family members are expected to have suffered considerable economic difficulties, and other various sentencing conditions shown in the records and arguments of this case, including criminal records, age, sexual behavior, environment, etc., the sentencing of the court below does not seem to have exceeded reasonable discretion.

3. As such, the Defendant’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio correction of “Labor Standards Act” of the lower judgment to “former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017)” shall be made.

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