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(영문) 전주지방법원 2016.04.21 2015노1164
근로기준법위반등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that from the date of this judgment.

Reasons

1. The appellate court’s judgment dismissing the prosecution against the violation of the Labor Standards Act and the Labor Standards Act and the violation of the Guarantee of Workers’ Retirement Benefits Act among the facts charged in the instant case, and convicted the remainder of the facts charged, and only the Defendant appealed against the aforementioned conviction.

Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal becomes final and conclusive, it is limited to the conviction part among the judgment below.

2. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment) is too unreasonable.

3. Determination is recognized that the amount of wages, retirement allowances, and pre-determination allowances that the Defendant did not pay is a large amount, and there are considerable number of employees suffering from the injury.

However, in light of the facts that the Defendant recognized all of the instant crimes and against the Defendant, that the Defendant agreed with the victim R, Q, and K when the Defendant was in the first instance trial, that the Defendant submitted the written withdrawal of the petition at the lower court, and that it was confirmed that the withdrawal of the petition would result from the genuine intent of the victim F, L, M, N, I, I, J, J, G,O, and P, that the withdrawal of the petition would result from the genuine intent, and that the Defendant did not have the same criminal record, and the sentencing conditions indicated in the instant records and theories, such as the Defendant’s character and behavior, environment, the background and motive leading to the instant crime, and the circumstances after the crime, were considered, it is recognized that the sentence of the lower court is too unreasonable.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

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

Application of Statutes

1. The relevant Act concerning criminal facts shall be the Labor Standards Act;

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