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(영문) 수원지방법원 2019.05.03 2018노5985
근로자퇴직급여보장법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the lower court is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. In light of the defendant's occupation, age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., and the reasons for sentencing stated in the arguments and records, such as the defendant's occupation, age, character and conduct, circumstances before and after the crime, etc., the defendant's assertion on unfair sentencing is reasonable, and the prosecutor's assertion on this issue is without merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, as the defendant's appeal is with merit.

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the appeal by the prosecutor shall not be dismissed in separate text of the decision).” [Attachment] Criminal facts and summary of evidence recognized by the court is identical to facts constituting an offense and summary of evidence, and thus, the gist

Application of Statutes

1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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