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(영문) 부산지방법원 2017.08.24 2016노4753
근로기준법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

The sentence of the lower court (eight months of imprisonment) against the accused of the summary of the grounds for appeal is too unreasonable.

Judgment

The crime of this case by the Defendant, while operating D Co., Ltd., did not pay 13,5110,000 won in total to four workers while operating D Co., Ltd., and the circumstances unfavorable to the Defendant, such as the circumstance of the crime, the amount of delayed payment of wages, etc., are found to be disadvantageous to the Defendant.

However, in light of the fact that the defendant led to the confession of the crime of this case and reflects the defendant's mistake in depth, that the victim did not want the punishment of the victim worker H, F when the defendant was in a trial, that the defendant deposited money equivalent to the wages in arrears and retirement allowances for the recovery of the remaining damaged workers E, and damage to G when the defendant was in a trial, that the defendant did not have any record of criminal punishment exceeding the fine up to the present time, and that there was no record of criminal punishment up to the present time, and that there were all other circumstances, which are the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the court below's punishment against

Therefore, the defendant's argument that the above sentencing is unfair is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Code of the Commercial Competition (it is between a violation of the Labor Standards Act for each worker and a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act).

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