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(영문) 울산지방법원 2015.01.09 2014노948
근로기준법위반등
Text

The judgment below

The remainder, excluding the dismissed part, shall be reversed.

Defendant 1,000,000 won.

Reasons

With respect to the violation of the respective Labor Standards Act against Workers B, C, D, E, F, and G among the facts charged in the instant case and the violation of the Act on Guarantee of Workers' Retirement Benefits against Workers B, C, D, and E, the court dismissed the prosecution on the ground that each of the above workers withdraws his previous wish to punish after the prosecution, and the remaining workers J and K were convicted of violating the Act on Guarantee of Workers' Retirement Benefits against Workers' Retirement Benefits against LaborJ and K and one year was sentenced to the suspended sentence for 6 months and one year.

However, the defendant appealed against the guilty portion of the judgment of the court of first instance, and since the prosecutor did not appeal against the judgment of the court of first instance, the dismissal of the above public prosecution is confirmed as it is, the scope of the judgment of this court is limited to

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

On the other hand, considering the favorable circumstances such as the fact that the business entity in which the Defendant was operating was unable to commit each of the crimes of this case, there was no criminal records of the Defendant, and there was no criminal records of suspension of qualification or more criminal records, the real estate concerned has been sold at auction and dividends on wages and retirement allowances, and the J and K expressed their intention not to punish the Defendant. Each of the crimes of this case is necessary to consider that the crime of this case is a crime not to punish the Defendant, and other factors of sentencing, including the Defendant’s age, family relation, criminal record, relationship, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, the Defendant’s assertion of unfair sentencing is justified.

If so, the defendant's appeal is reasonable, so the dismissal of prosecution among the judgment below is dismissed in accordance with Article 364 (6) of the Criminal Procedure Act.

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