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(영문) 춘천지방법원 2012.12.26 2012노599
근로기준법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In light of the substance of the crime and the amount of unpaid wages, etc., the crime of this case shall not be deemed to be less than that of the crime.

However, the defendant has reached an agreement with F and D in the trial, and has made efforts to pay wages, etc. to the rest of workers, etc. in depth and has been against his mistake.

In light of the aforementioned circumstances and the first head of the judgment, the court below’s sentence is too unreasonable since it is deemed that the defendant’s above assertion is too unreasonable, in light of equity with the sentencing expected to be judged together with the final judgment, and other conditions of various sentencing as shown in the pleadings, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit. It is so decided as per Disposition by the assent of all participating Justices.

Punishment of the crime

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, D, and H;

1. A written petition filed by G and nine other parties;

1. A written confirmation of overdue wages:

1. Division: Application of the Acts and subordinate statutes to investigation reports (the filing of copies of relevant written judgments, and the application of Acts and subordinate statutes to the second and third instances of cases, such as violations of special Acts and subordinate statutes to suspects);

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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

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