(영문) 서울서부지방법원 2019.06.03 2019노129

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2019.06.03 2019노129

근로자퇴직급여보장법위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (one year and four months) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The circumstances favorable to the Defendant are as follows: (a) the Defendant appears to have committed the instant crime; (b) the Defendant was unable to engage in the instant crime due to difficulties in running the business; (c) there are circumstances to consider the circumstances; and (d) there are no criminal records exceeding the fine imposed on the Defendant.

On the other hand, the total amount of damage caused by the instant crime exceeds KRW 80 million, and the victim reaches 134 persons, the Defendant does not take measures to recover damage even if 5 years have elapsed since the date of the crime, and the fact that the Defendant was able to return to the same head is disadvantageous to the Defendant.

In addition, comprehensively taking account of the following factors: (a) the Defendant is aged, and the Defendant’s health is not good, such as receiving periodic pharmacologic treatment, and the total amount of KRW 558,060,80 due to substitute payment, the damage was partially recovered; (b) the Defendant’s career, family relation, motive and circumstance of the offense; and (c) all of the sentencing conditions stated in the instant argument, including the circumstances after the commission of the offense, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in the application of the law of the court below, Article 109(1) of the Labor Standards Act of Chapter 2 is clear that the “Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017)” is a clerical error in the “Article 109(1) of the former Labor Standards Act,” and such ex officio correction is made pursuant to

참조조문

-근로기준법 제109조 제1항

-형사소송규칙 제25조 제1항

-형사소송법 제364조 제4항

유사 판례

-광주고등법원 2013.05.23 2013노131

-부산지방법원 2014.05.22 2013노3619

-광주고등법원 2013.06.20 2013노176

-수원고등법원 2019.11.14 2019노185

-대전고등법원 2019.05.17 2019노92