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(영문) 의정부지방법원 2017.02.07 2016노3205
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects his gender, and that there is no criminal record for the same kind of crime.

B. However, in light of the fact that the amount of damage to workers caused by the instant crime is not more than 49,707,874 won, and the absolute importance of wages and retirement allowances in the workers’ living, the defendant's responsibility is very heavy, the victims did not agree with the victims, the victims did not recover damage, and the victims were paid substitute payments, but the sentencing does not take into account since it was not repaid by the defendant. In full view of all other circumstances that are conditions for sentencing specified in the instant argument, such as the defendant's age, circumstances leading to the instant crime, and circumstances after the instant crime, even if considering the above circumstances favorable to the defendant, the lower court's punishment is too unreasonable.

Therefore, the defendant's above 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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