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(영문) 대구지방법원 2016.08.26 2016노818
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The judgment defendant recognized the crime of this case and is against the law, and has no record of criminal punishment except for a punishment of a fine for a long time for a crime of immigration offense.

However, considering the economic and mental difficulties that the crime of this case was committed by the victimized workers due to the failure of the employee to pay the essential wages to the worker's livelihood, the defendant's liability is not less and less than the defendant's crime but also the amount of the unpaid wages and retirement allowances.

In addition, there is no particular change in sentencing conditions compared with the original judgment because new sentencing data has not been submitted in the first instance court.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. 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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