logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.30 2018노336
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing the prosecution against the violation of the Labor Standards Act as to workers B and C and the violation of the Guarantee of Workers' Retirement Benefits Act among the facts charged in the instant case, and sentenced the remainder of the facts charged.

However, only the defendant appealed for the guilty portion, and the dismissed part of the prosecution was not appealed by both the defendant and the prosecutor, and the dismissed part became final and conclusive as it is.

Therefore, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.

2. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of community service order) is too unreasonable.

3. The circumstances favorable to the defendant include: (a) the fact that the defendant's mistake is recognized and against himself; (b) the fact that the defendant could not pay wages and retirement allowances due to business difficulties; and (c) the fact that there is no penalty power.

On the other hand, the fact that the defendant did not agree with the worker G, J, M, N, orO that the amount of unpaid wages and retirement allowances is not significant, is disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, etc., it is difficult to deem that the lower court’s punishment is too unreasonable as it is too unreasonable in light of the following circumstances, even if there is no change in circumstances that may be assessed differently from the sentencing conditions of the lower court.

Therefore, the defendant's above assertion is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow