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(영문) 부산지방법원 2016.07.28 2015노3663
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. It is recognized that there are circumstances that can be considered such as the fact that the Defendant’s mistake reflects his own mistake and that the Defendant agreed with the victim B in the trial.

However, considering the economic difficulties that the crime of this case did not pay an essential wage to the worker's livelihood at the time, the defendant's liability for the crime of this case is light.

In light of the fact that the sum of the Defendant’s unpaid wages is not at least KRW 13.8 million, and the number of victims is at least eight, and the Defendant has already been punished once due to the same kind of crime, and other various sentencing conditions, such as the Defendant’s age, sex, environment, means and method of crime, and circumstances after the crime, etc., the sentence imposed by the lower court 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.

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