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(영문) 인천지방법원 2019.10.24 2018노2885

근로기준법위반

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C, each sentence sentenced by the court below to the above Defendants (a fine of two million won is imposed on Defendant B, and a suspended sentence of two years is imposed on Defendant C: imprisonment of six months) is too unreasonable.

B. Each sentence (a fine of KRW 5 million is imposed on Defendant A and B) that the lower court sentenced to Defendant A and B is too unfased and unreasonable.

2. Determination

A. On August 17, 2018, Defendant A submitted a petition of appeal on August 17, 2018 and received a written notification of the receipt of the trial record from this court on July 7, 2019, the Defendant A did not submit the statement of grounds for appeal within the lawful period for submission of the written statement of grounds for appeal. The petition of appeal does not contain

Meanwhile, Defendant A stated that the appeal was made on the ground of unfair sentencing on the date of the first trial of the instant appellate court, which was after the date on which the appellate brief was not timely filed. However, the above argument cannot be a legitimate ground for appeal as it was submitted after the deadline for filing the appellate brief, and there is no ground for reversal of the lower judgment even if the evidence duly adopted and examined by the lower court was examined ex

Therefore, in accordance with Article 361-4(1) of the Criminal Procedure Act, a decision to dismiss an appeal by a defendant A should be made, but as long as a judgment is rendered on the appeal by a defendant B and C and the appeal by a prosecutor, a decision to dismiss an appeal by a defendant A shall not be rendered and a decision shall

B. In light of the circumstances in which Defendants B and C and the Prosecutor asserted as the grounds for appeal, the lower court’s sentence against Defendants B and C is too unreasonable, even if there are no changes in circumstances that may be considered in sentencing after the lower judgment regarding Defendant B and C’s appeal and the Prosecutor’s appeal, and considering the various conditions of sentencing specified in the records and arguments of this case.

The lower court’s sentence against Defendant A and B is too unhued and unreasonable.

3. Conclusion, the Defendants and the Defendants.