(영문) 서울북부지방법원 2017.11.17 2017노442

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2017.11.17 2017노442

근로기준법위반등

Text

The judgment below

The guilty part shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

Public prosecution of this case.

Reasons

1. Of the facts charged, the lower court rendered a judgment dismissing the prosecution regarding the violation of the Labor Standards Act and the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits for each worker in the annexed list of crimes (1-1) in the judgment of the lower court, and rendered a judgment of conviction as to the remaining facts charged.

Defendant

Since only the appeal was lodged against the conviction, the dismissal part of the judgment below which did not file an appeal was finalized as it is.

The judgment of this court shall be limited to the guilty part of the judgment below.

2. Summary of reasons for appeal;

A. Since misunderstanding of the legal principles expressed the intent to punish the Defendant in the original trial, the part of violation of the relevant Labor Standards Act should be dismissed.

B. The sentence that the court below sentenced to the defendant is too unreasonable.

3. According to the records, it is recognized that the employee AJ expressed his intention not to punish the defendant in the original trial after the indictment of this case.

Therefore, among the public prosecution of this case, part of the violation of the Labor Standards Act that the defendant did not pay 3,000,000 won to AJ within 14 days from the date of retirement should be dismissed in accordance with Article 109(2) of the Labor Standards Act and Article 327(6) of the Criminal Procedure Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby convicting this part of the facts charged.

4. Since the court below accepted the Defendant’s assertion of misunderstanding of the legal principles, the part of the judgment below’s conviction is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is "the wages or retirement allowances of 19 workers as shown in attached Table 28,505,790 won" among "violation of the Labor Standards Act of 1.00,000 won" in the criminal facts of the judgment of the court below.

유사 판례

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