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(영문) 대구지방법원 2018.04.06 2017노5229 (1)
파견근로자보호등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (1.5 million won penalty) imposed by the defendant is too unreasonable.

2. The Defendant appears to have rejected the demand of the original business operator as a subordinate business operator and dispatched his employee. After the instant case, the Defendant closed down his/her business after the instant case, and the fact that he/she has no record of the same kind of crime is favorable to the Defendant.

However, the defendant's act is an act of avoiding the Act on the Protection, etc. of Dispatched Workers for the purpose of protecting dispatched workers such as employment stability and promotion of welfare of dispatched workers, and the criminal liability is not weak, and the period of illegally dispatched workers is also a considerable disadvantage to the defendant.

In addition, in full view of the various circumstances shown in the records and arguments, such as the type and scale of the instant dispatched work, the sentence imposed by the lower court is appropriate and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

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. It is so decided as per Disposition.

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