logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.09.04 2018노539
근로기준법위반등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance regarding the conviction shall be reversed.

Defendant 3,000,000 won.

Reasons

1. As to the judgment of the court below in regard to the second instance, the court below dismissed the public prosecution against the violation of the Labor Standards Act and the Labor Standards Act and the violation of the Workers' Retirement Benefit Security Act against the workers C, and sentenced the remaining charges to a conviction.

The defendant appealed only the guilty portion of the judgment of the court below of second instance, and the dismissed portion of the public prosecution for which the prosecutor has not appealed is separate and confirmed by the expiration of the appeal period. Thus, the scope of the judgment of this court concerning the judgment of second instance is limited to the convicted portion of the court of second instance (hereinafter referred to as "the judgment of the court of first instance, among the judgment of the court of second instance and the judgment of the court of second instance," collectively referred to as "the convicted portion of the judgment of the court of second instance").

3. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the lower court’s respective offenses against the Defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below against the defendant was no longer maintained in this respect.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.

[Grounds for a new judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: "Attachment Nos. 1 through 10, 11 through 13 of the sight table of the crime committed in the judgment of the court of second instance" shall be deemed as "Attachment Nos. 1 through 10, 12, and 13 of the crimes committed in the judgment of the court of second instance," and the summary of the evidence in the judgment of the court of second instance shall be added to "the statement of the police statement against 1.O.".

arrow