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(영문) 창원지방법원 2019.10.16 2019노1534
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., imprisonment with prison labor for four months, two years of suspended execution, and 80 hours of community service order) of the lower court are too unreasonable.

2. The lower court, on the grounds that it is difficult to see that there is a significant damage, and that substitute payment has been made to workers, taking into account the fact that the Defendant had been punished for the same kind of crime several times, and determined a sentence within the scope of recommended punishment according to the sentencing guidelines set by the Supreme Court Decision, comprehensively considering the Defendant’s age, character and conduct, environment, family relationship, etc.

The grounds for unfair sentencing alleged by the Defendant appear to be the circumstances that the lower court had already taken into account when determining the Defendant’s punishment. The lower court’s punishment is reasonable within the reasonable scope of discretion, and there are no circumstances suggesting that the said sentencing conditions have been changed in the appellate court.

Therefore, the defendant's assertion cannot be accepted, since the court below's punishment is too heavy.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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