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(영문) 수원지방법원 2018.10.29 2018노557
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment and two years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.

2. The Defendant had an attitude of recognizing and opposing the Defendant’s wrong determination, and the Defendant agreed to pay part of the amount in arrears, including I, etc. to workers, and some of the amount in arrears were paid as substitute payments, etc. However, considering the portion that the amount in arrears and retirement allowances paid as substitute payments, etc., even if considering the portion that the amount in arrears and retirement allowances were paid as a large amount of wages in excess of 200 million won, it is not paid half or more, and the portion that was paid as a substitute payment, etc., except for the amount equivalent to KRW 90 million that was paid as substitute payments, is still minor, and the portion that was paid as a part of the Defendant’s self-sufficiency, which was unfavorable to the Defendant, and other sentencing conditions indicated in the record and change theory, such as the Defendant’s age, sexual behavior, environment, motive and background, means and consequence of the crime, etc., after the crime, are considered as above, even if some of the workers agreed to do so,

The defendant's argument of sentencing is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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