Defendant

Defendant

Park Jae-sung

Law Firm Sejong, Attorney Kim Young-cheon

Suwon District Court Decision 2006Ma310 decided July 25, 2006

The part of the judgment of the court below as to the crimes of Articles 1 through 6 shall be reversed.

A person who commits the crimes as prescribed in Articles 1 through 6 of the judgment of the defendant shall be punished by imprisonment for one year.

One hundred-five days of detention before the pronouncement of the judgment below shall be included in the above sentence.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 40 hours.

The defendant's appeal as to Article 7 of the judgment of the court below is dismissed.

1. Summary of grounds for appeal;

A. Legal principles

Notwithstanding the fact that the defendant received money from the non-indicted 1, etc., or there is no further involvement in the employment of others, the court below erred by misapprehending the legal principles that the court below only received money and punished as a violation of the Labor Standards Act, thereby affecting the conclusion of the judgment.

B. Unreasonable sentencing

In light of all the circumstances, the sentencing of the court below against the defendant (the crime of paragraphs 1 through 6 at the time of sale: one year of imprisonment, and the crime of No. 7 of the ruling: fine of KRW 3 million) is too unreasonable.

2. Determination

A. As to the misapprehension of legal principle

In addition to the evidence duly adopted by the court below, the defendant was working as the chief of the organization at the fourth executive body (from January 1, 1996 to January 1, 1998) in the labor union of non-indicted 2 corporation. At the seventh executive body (from January 2003 to January 2005), the defendant had been working as the chief of the labor union for a considerable period of time in the labor union, such as being in charge of the chief of the labor union, and the defendant was working as the chief of the labor union. The defendant was working as the chief of the labor union for a considerable period of time; the defendant was working as the chief of the labor union; the defendant was working as the chief of the labor union by visiting the chief of the labor union in charge of the labor union or talking about the chief of the labor union's recruitment of employees from the labor union; the defendant was trying to work as the chief of the labor union by using the allocation to the labor union. Accordingly, the defendant's prior officer or the defendant's position did not sufficiently interfere with the labor union's.

B. On the issue of unfair sentencing

(1) As to the first or sixth crime as to the judgment of the court below

Considering the various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence imposed by the lower court against the Defendant is unreasonable, and it is recognized that the sentence imposed by the lower court is unreasonable.

(2) As to Article 7 of the judgment of the court below

In light of various circumstances, including the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is appropriate, and it cannot be deemed unfair because it is too unreasonable to reach an agreement with the victim, and the appeal of unfair sentencing is without merit. Thus, the appeal of unfair sentencing is without merit.

3. Conclusion

Therefore, since an appeal against the crimes in Articles 1 through 6 of the decision of the court below is well-grounded, the part concerning the crimes in Articles 1 through 6 of the decision of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is judged again after the pleading. Since the appeal against the part concerning the crimes in Articles 7 of the decision of the court below is groundless, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act

The criminal facts and the summary of the evidence of the defendant recognized by this court are as stated in the corresponding column of the judgment of the court below, and they are cited as they are.

1. Article applicable to criminal facts;

Articles 110 and 8 (Selection of Imprisonment)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Calculation in the number of detention days before sentencing of the judgment;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration Reasons for Reversal of Judgment)

1. Social service order;

Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act

Justices Kim Tae-Gyeong (Presiding Justice)