logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.09.11 2020노730
사기등
Text

The defendant's appeal is dismissed.

The defendant is an applicant for compensation with the amount of KRW 60,000,000,000.

Reasons

1. Scope of adjudication of this court;

A. Where an appeal against the judgment of conviction on the part related to the compensation order is filed, the confirmation of the compensation order is prevented, and the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit). The lower court partially accepted the application for compensation filed by B and C, which is the applicant for compensation, and the Defendant appealed against the lower judgment, but the Defendant did not assert the grounds for appeal against each cited part of the above compensation order, and even if ex officio examination is conducted, it cannot find the grounds for cancelling or changing the cited part of the lower judgment, and thus, each of the above compensation order cited parts of the lower judgment cannot be found.

On the other hand, the court below rejected some of the applications for compensation filed by B and C by the court below, and since the above applicants for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the part dismissing each of the above applications for compensation was immediately finalized.

Therefore, among the judgment below, the dismissal of each of the above applications for compensation is excluded from the scope of adjudication of this court.

B. On the other hand, the lower court dismissed the prosecution against the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act among the facts charged in the instant case and sentenced the remainder of the facts charged.

As to this, only the Defendant appealed against the guilty portion of the lower judgment, the dismissal of the public prosecution was separated and finalized as it is.

Therefore, the dismissal part of the above dismissal is excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

3. The fact that the defendant's judgment has reached the trial for the first time recognized all of his criminal acts, and the defendant is punished by a fine.

arrow