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(영문) 서울동부지방법원 2018.09.14 2018노697
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not a worker E or F’s employer.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant asserted the same as the above in the trial, and the lower court determined that the instant facts charged was guilty by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the reasoning of the instant case’s argument and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been reasonably determined by fully taking account of all the circumstances, including the various reasons for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is modified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the ground that the defendant's appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure; however, Article 109 (1) of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) is amended to "Article 109 (1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017)."

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