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(영문) 의정부지방법원 2013.10.25 2013노1131
근로기준법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The penalty (200,000 won) imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, and details of the sentencing conditions indicated in the record, including the fact that the Defendant had no record of being sentenced to a fine or heavier punishment and that there was no record of punishment for the said previous and previous crimes, the amount of unpaid retirement benefits is not significant, and that the Defendant does not want to be punished against the Defendant by the withdrawal of the complaint against the Defendant by mutual agreement with the employee D in the first instance. In full view of all the circumstances, such as the Defendant’s age, character and conduct, the circumstances leading to the instant crime, and circumstances after the crime, the sentence imposed by the lower court against

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court 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. Penalty fine of 200,000 won to be suspended;

1. Article 59 (1) of the Criminal Act for suspended sentence ( normal consideration in favor of the reasons for reversal);

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