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(영문) 전주지방법원 2015.01.30 2014노152

근로기준법위반등

Text

1. Each of the judgment below's convictions shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for five months;

Reasons

1. As to the violation of the Labor Standards Act against workers BM, AU, and AV among the facts charged, the first instance court dismissed the prosecution against each of the above workers on the ground that the above workers expressed an intention not to punish the defendant, and sentenced the defendant guilty as to the violation of the Labor Standards Act or the Act on Guarantee of Workers' Retirement Benefits. The second instance court dismissed the prosecution against the violation of the Labor Standards Act against workers other than the above workers on the ground that the above workers expressed an intention not to punish the defendant among the facts charged, and sentenced the defendant guilty as to the violation of the Labor Standards Act or the Act on Guarantee of Workers' Retirement Benefits against the remaining workers other than the above workers on the ground that the above workers expressed an intention not to punish the defendant. The defendant appealed against the judgment of the court below on the ground of unfair sentencing only for each guilty part among the judgment of the second instance, and the prosecutor appealed each part of the judgment of the court below on the ground of unfair sentencing, and thus, the dismissal of the prosecution against each of

2. Summary of grounds for appeal;

A. The punishment sentenced by the court below (the first judgment: imprisonment with prison labor for 8 months and the second judgment: imprisonment with prison labor for 4 months) is too unreasonable.

(b)the sentence sentenced by the second instance of the Prosecutor is too unhued and unreasonable;

3. Ex officio determination

A. Ex officio, the court below decided to hold a concurrent hearing of each appeal case against the judgment below. Each of the offenses of the court below Nos. 1 and 2 against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and should be punished as a single sentence within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, each of the convictions of the judgment below cannot be maintained any more.

(b) In addition, the prosecutor is at the trial.