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(영문) 청주지방법원 2017.11.03 2017노1170

근로기준법위반등

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The sentence imposed by the lower court (seven months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine the judgment, and the Defendant recognized all the facts charged of the instant case and repented his mistake in depth.

The Defendant agreed to repay the full amount of damage to the victim R.

Among the instant cases, the part on the violation of the Labor Standards and Labor Standards Act, among those days, may be considered in light of the circumstances in which the Defendant was engaged in a construction business under the trade name of "I".

In the instant case, the Defendant was detained on June 6, 2017 and detained for about five months, and had sufficient opportunity to return his/her life and to reflect the instant crime.

I seem to appear.

In light of the above circumstances, considering the Defendant’s age, sex, occupation, family relationship, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 109(1) and 36 of the Act on the Standards for Optionald Labor, Article 347(1) of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for the above reversal) is that the defendant repents in depth his mistake.