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(영문) 수원지방법원 2016.08.24 2016노2138
근로기준법위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 1,200,00.

The above fine shall be imposed on the defendant.

Reasons

1. On March 29, 2016, the Defendant was dissatisfied with the lower judgment and filed an appeal on March 1, 2016, and on April 19, 2016, the Defendant did not submit a written reason for appeal within 20 days from the receipt of a notice of receipt of the records of trial on April 19, 2016 (the Defendant submitted a written reason for appeal within May 8, 2016, which was after the due date for submitting the written reason for appeal) and the petition of appeal does not contain any reasons for appeal.

In addition, on April 29, 2016, the defendant, who was dissatisfied with the judgment of the court below on April 29, 2016, filed an appeal and on June 1, 2016, failed to submit a statement of reason for appeal within 20 days from the receipt of the records of trial by directly receiving the notice of receipt of the records of trial, and no reason for appeal

However, as seen below, as long as the judgment of the court below is reversed on the grounds of ex officio reversal, the defendant's appeal shall not be dismissed on the grounds that the reason for appeal is not submitted.

ex officio, this Court decided to consolidate each appeal case against the judgment below.

In the event that each crime of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and such concurrent crimes are judged at the same time, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained as it is.

2. If so, the judgment of the court below is reversed in accordance with Articles 364(2) and 361-4(1) proviso of the Criminal Procedure Act, and the judgment below is reversed in its entirety and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Act on the Standard of Employment for Criminal Fact-finding and Selection of Punishment (gold.)

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