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(영문) 서울북부지방법원 2015.09.24 2015노648

근로기준법위반

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. The legislative intent of the Labor Standards Act is to ensure that a worker C suffers considerable financial difficulties because the worker C was unable to receive wages from the defendant, and that, if the employer is in arrears with wages, it would enable the employee to receive normal wages and maintain his livelihood by imposing criminal liability even on the employer. However, the defendant is erroneous, and there is no criminal record, and there is no criminal record, nor there is any circumstance that may be taken into account in the motive and circumstance leading to the crime of this case, and the above worker expressed his intention that the above worker would not want the punishment of the defendant by mutual consent with the above worker at the time of the trial, and other circumstances that form the conditions of sentencing as shown in the records, such as the circumstances before and after the commission of the crime of this case, the defendant's age, character, character, environment, occupation, family relation, etc., the punishment imposed by the court below is inappropriate because it is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the Detention in Labor House.

1. Article 59 (1) of the Criminal Act (As seen in the preceding sentence, taking into account the circumstances favorable to the defendant);