logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.06.16 2016노1129
근로기준법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (six months of imprisonment, two years of suspended execution, two years of community service work, two hundred hours of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The following facts are considered as favorable to the Defendant: (a) the Defendant and the Prosecutor’s respective arguments together with each other; and (b) the Defendant acknowledges and reflects all of their mistakes; and (c) there are no criminal records of the same kind or suspended

On the other hand, the defendant was unable to pay a certain amount of wages to 15 workers, and the damage has not been recovered until now, which is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, circumstances after the commission of the crime, circumstances after the commission of the crime, and changes in circumstances after the sentence of the lower judgment, etc., the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed unfair because it is excessively heavy or frighted.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow