근로기준법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the court below sentenced the dismissal of the defendant against the violation of the Labor Standards Act with respect to E, D, and F (hereinafter “instant agreement”) under the name of E, D, and F (hereinafter “E, etc.”) submitted by the defendant, on February 6, 2014. However, the above agreement cannot be confirmed as to the authenticity of the agreement because there is no prior or back copy of the certificate of personal seal impression or resident registration certificate of E, etc., or the back copy of the resident registration certificate, and as a result, it is confirmed that the above agreement was written in the place in which the defendant was not present, and it is not written in the judgment of the court below that the defendant does not want to be punished against the defendant, and even now, it is stated that E and D did not express the intent of not want to be punished against the defendant.
Therefore, the judgment of the court below that dismissed the indictment on this part is erroneous in the misapprehension of legal principles and erroneous in the misapprehension of legal principles.
2. Determination
A. In order to recognize that the victim expresses his/her wish not to punish or withdraws his/her wish to punish a person who intends to do so, the victim’s genuine intent shall be expressed in a way that is obvious and reliable, and in the case of the crime of the crime of the crime of the non-violation of one’s wish, the victim cannot express his/her wish again after explicitly expressing his/her wish not to punish a person.
(See Supreme Court Decision 201Do17264 Decided February 23, 2012, and Supreme Court Decision 93Do3221 Decided February 25, 1994, etc. (see, e.g., Supreme Court Decision 201Do3221, Feb. 25
According to the records of this case, E, etc. provisionally seized the Defendant’s claim against N as the preserved claim against the overdue wages of this case, and E, etc. receive the total amount of the overdue wages of this case from N (State) on February 6, 2014, and prepares the agreement of this case with E delegated authority D and F on the same day.