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(영문) 서울중앙지방법원 2013.06.26 2013노1293

근로기준법위반

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unreasonable to impose a fine of 500,000 won.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records of this case show that the defendant was sentenced to a suspended sentence of three years on January 13, 201 to one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Incheon District Court on January 13, 201, and the judgment became final and conclusive on June 23, 201. On June 23, 2011, the Seoul Central District Court sentenced three months of imprisonment with prison labor and six months of imprisonment with prison labor for a crime of fraud, etc. at the Seoul Central District Court on April 13, 2012, the judgment became final and conclusive on April 13, 2012, and two years of imprisonment with prison labor at the Incheon District Court

6.1. The judgment became final and conclusive, and on November 1, 2012, the Seoul Central District Court sentenced one year and six months of imprisonment for fraud, and two years of suspension of execution to be imposed on January 11, 2013. The judgment became final and conclusive on January 11, 2013. The instant crime is in a concurrent relationship with the crime of each of the above previous crimes for which the judgment became final and conclusive in accordance with Article 39(1) of the Criminal Act, and is in a concurrent relationship with the latter part of Article 37 of the Criminal Act, and determines a sentence after considering equity in the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

[C] The summary of the criminal facts and evidence against the defendant recognized by this court is that the defendant is sentenced to a suspended sentence of one year and six months by imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Incheon District Court on January 13, 201, pursuant to Article 25 (1) of the Regulation on Criminal Procedure.