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(영문) 서울중앙지방법원 2018.10.05 2018노1846
근로기준법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one year of suspended sentence in April) is deemed to be too uneasy and unfair.

The sentencing guidelines [Scope of the statutory sentencing guidelines] three years [limited to the scope of the applicable sentencing guidelines] (including the sum of the amounts not paid) of imprisonment with prison labor and three years or less (including the two types (50 million won or more, 100 million won or less)] of the two types of crimes violating the Labor Standards Act [Scope of the recommended punishment] : From six months to one year [No ground for suspension of execution] of criminal punishment: Major grounds for conviction [no ground for suspension of execution]: General grounds for non-criminal punishment: The sentencing committee shall be established in the Supreme Court in order to reflect the sound common sense of the people and realize fair and objective sentencing in which the people can have trust (Article 81-2 (1) of the Court Organization Act), the sentencing committee shall establish or change the sentencing guidelines that can be referred to the judge in order to draw rational sentencing (Article 81-6 (1) of the same Act) and the sentencing guidelines shall be set out in accordance with the aforementioned sentencing guidelines (Article 81-6 (1) of the same Act); the court shall not establish or change the sentencing guidelines beyond the above criteria (Article 81).

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