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(영문) 청주지방법원 2015.06.04 2015노99
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the Defendant’s statement, the victim’s testimony, and the statement of the written diagnosis of injury as to the facts charged in the instant case of mistake of facts, the lower court acquitted the Defendant of this part of the facts charged, even though it was sufficiently proven that the Defendant had been able to inflict bodily injury on the victim due to aggravation of the victim’s face with his head by being faced with the victim’s humf, and the degree of the humf’s humf aggravated degree

The court below erred by misunderstanding the facts against the rules of evidence and affecting the judgment.

B. Of the facts charged in the instant case of unfair sentencing, the punishment of the guilty portion (limited to three years of imprisonment, five years of suspended sentence, and 200 hours of community service) is too uneasible and unreasonable.

2. Of the instant facts charged, the lower court dismissed the prosecution as to the violation of the Labor Standards Act with respect to C and D, and the Act on the Guarantee of Workers' Retirement Benefits, and convicted the remainder of the facts charged, and appealed only to the guilty portion and the acquittal portion. Accordingly, the part of the dismissal of the above public prosecutor’s and the Defendant’s failure to appeal was finalized upon the lapse of the appeal period.

Therefore, the scope of a party member's trial shall be limited to the conviction and acquittal.

3. Determination

A. As to the assertion of mistake of facts, the lower court rendered a judgment not guilty on the ground that the facts charged constitute a case where there is no proof of crime on the grounds of its stated reasoning based on the evidence duly adopted and investigated by the lower court.

If the records of this case and the reasoning of the judgment of the court below are closely compared, the above judgment of the court below is acceptable, and there is no error of law by misunderstanding facts against the rules of evidence in the judgment below, which affected

This part of the prosecutor's argument is without merit.

B. Determination of unfair sentencing is made on the defendant.

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