logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.01.20 2016노3416
근로기준법위반
Text

The judgment below

The guilty portion shall be reversed.

Defendant 1 through 3 in the list of crimes attached to the original judgment (attached Form 1 to the original judgment).

Reasons

1. Of the instant facts charged, the lower court dismissed the prosecution as to the violation of each of the labor standards law for workers C, D, E, F, G, and H, and sentenced the remainder of the facts charged.

However, since only the Defendant appealed on the conviction part of the judgment below and did not appeal all the prosecutor and the Defendant regarding the dismissal part of the public prosecution, the dismissal part of the judgment below became final and conclusive as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. The summary of the grounds for appeal that the court below made on the defendant's each sentence [excluding the violation of the Labor Standards Act in the table 1 to 3 types of crimes attached to the court below (excluding the sequence 3 and 7 among the list of crimes attached to the court below and the table 3 of crimes attached to the court below) and the violation of the Labor Standards Act due to non-delivery in writing: Imprisonment with prison labor for 4 months, 4, 4, 5 types of crimes attached to the court below (excluding the sequence 19, 29, 30 among the list of crimes attached to the court below below, 4, 4, 5 types of crimes attached to the court below (excluding the sequence 19, 29, 30 out of the list of crimes attached to the

3. In light of the background, content, and method of the instant crime, etc., the Defendant’s liability is not less and less than 30 employees who did not receive wages, and the amount of unpaid wages is not more than 31 million won, and the amount of unpaid wages has been punished several times for the same crime is disadvantageous to the Defendant.

However, all of the crimes of this case have been recognized by the defendant, and the remaining workers except for AG have been deposited in the court of the first instance, and the full amount of unpaid wages was agreed upon by the worker AG while paying 9.5 million won to the worker AG, and other favorable circumstances, such as the defendant's age, sex, environment, method of crime, circumstance after the crime, criminal record, etc., and all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sex, environment, method of crime, circumstance after the crime, criminal record, etc.

arrow