beta
(영문) 서울중앙지방법원 2016.05.13 2015노3070 (1)

근로기준법위반

Text

All judgment of the first instance is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Each sentence of the first instance judgment of the first instance judgment of the summary of the grounds for appeal (unfair sentencing) is unreasonable, as it is too unreasonable that each sentence of the first instance judgment of the first instance (a fine of KRW 500,000 for party members 2015No. 3070: a fine of KRW 500,000 for party members 2015 and a fine of KRW 300,000 for party members

2. Prior to the judgment on the grounds for appeal, each appeal case against the defendant against the above judgment of the court of first instance was joined in the court of first instance, and the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment is imposed on them. Thus, the judgment of the court of first instance cannot be maintained any more.

3. Thus, the judgment of the court of first instance is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's argument about the unfair sentencing, and the judgment of the court of first instance is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment of the court of first instance. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In the first instance of the sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant agreed with F and F to the effect that F and F voluntarily withdraw the Defendant’s intent to punish the Defendant. In full view of all the conditions of sentencing recorded in the records including the Defendant’s age, sex behavior, environment, family relationship, and circumstances after committing the instant crime, including the details and motive behind the Defendant’s commission of each of the instant crimes, the sum of overdue wages, the Defendant’s criminal records, etc., as well as the Defendant’s age, sex behavior, environment, family relationship, etc., the Defendant