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(영문) 서울고등법원 2015.02.06 2014노2982
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The part of the judgment of the court of first instance against the defendant and the part of the judgment of the court of second instance guilty.

Defendant .

Reasons

1. The second instance court convicted each worker of violation of the Labor Standards Act, violation of the Act on the Guarantee of Workers' Retirement Benefits, violation of the Act on the Guarantee of Workers' Retirement Benefits, and fraud among the facts charged. Since only the Defendant appealed on the part of conviction, the part dismissed was already separately and finally separately determined, and the second instance court dismissed the application for compensation order filed by the applicant for compensation, this part of the judgment became final and conclusive.

As a result, only the conviction part of the judgment of the court below belongs to the scope of the party members' adjudication.

2. The main points of the grounds for appeal are as follows: each sentence imposed by the court below on the accused (one year and six months of imprisonment and eight months of imprisonment) is too unreasonable.

3. The first and second court rendered a judgment after completing a separate hearing on the defendant, and the defendant filed an appeal against the guilty portion of the first and second court judgment, and the party members decided to consolidate each of the above appeals cases.

However, among the judgment of the court of first instance and the judgment of the court of second instance, each of the guilty offenses in the former part of Article 37 of the Criminal Act is in a concurrent offense relationship under Article 38(1) of the Criminal Act, and thus, a single sentence shall be imposed within the scope of the term of punishment aggravated pursuant to Article 38(1) of the Criminal Act. In this respect, the part of the judgment of first instance and the

4. Accordingly, the court below's decision on the ground of the above reasons for reversal of authority, without examining the defendant's assertion of unfair sentencing, Article 364 (2) of the Criminal Procedure Act.

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