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(영문) 인천지방법원 2018.12.05 2018노2463
사기등
Text

The judgment below

The part concerning the crime of the 2018 order 2186 order is reversed.

Defendant 1,000,000 won.

Reasons

1. Where two or more punishments are sentenced because the scope of the trial in this Court was examined, and several charges were committed before and after the final and conclusive judgment, the appeal may be filed in part separately from other charges, and both parties are not appealed separately and final and conclusive.

According to the records of this case, the court below, on the ground that multiple facts charged were committed before and after a final judgment, sentenced to the suspension of execution of two years, surveillance of protection, community service 120 hours, and fine of one million won for the crime of the 2018 highestest order 2186 case in August 17, 2018, on the ground that several of the facts charged were committed before and after a final judgment, was sentenced to imprisonment for the crime of the 2017 highest order 8852 case in August 201, the court below held that only the defendant appealed against the judgment of the court below and dismissed the appeal on the part of the 2017 highest order 8852 case in October 17, 2018, and the scope of the judgment of this court is limited to the part concerning the crime of the 2018 highest order 2018 highest 2186 case in its holding.

2. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable. The punishment (amounting to KRW 1,000,000) is too unreasonable.

3. We examine ex officio the grounds for appeal by the defendant prior to the judgment ex officio (the payment of wages).

Article 1 of the Criminal Act provides that a person who violates Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”) shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won, but Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”) provides that “Any person who violates Article 36 shall be punished by imprisonment for not more than three years or by a fine not exceeding 20,000 won, which was amended by Act No. 15108, Nov. 28, 2017; hereinafter “Article 36-1 of the Labor Standards Act”).

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