(영문) 서울중앙지방법원 2017.06.16 2016노3865



We reverse the judgment of the first instance court.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.


1. The first deliberation punishment (one year of suspended sentence in six months of imprisonment) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Considering the fact that in addition to the circumstances described in the reasons for sentencing in the first instance judgment, the defendant additionally agreed with the worker M and M did not want to be punished by the defendant, the first instance judgment sentence is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court and the summary of the evidence are the same as stated in the corresponding column of the judgment of the court of first instance. Thus, it is citing it as it is 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, Articles 109 (1) and 36 of the Labor Standards for the Selection of Punishment, and Articles 44 (1) and 9 of the Act on the Guarantee of Retirement Benefits for Workers;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;