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(영문) 수원지방법원 2019.10.25 2019노4529
근로기준법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) of the lower court is too unreasonable.

2. In full view of the arguments in this case and the reasons for sentencing indicated in the records, such as the fact that the defendant paid the unpaid wages and retirement allowances to the damaged workers in the first instance trial, and agreed with the victimized workers, the defendant does not want the punishment of the defendant, that the defendant confessions all the crimes in this case from the original trial to the original trial, and that the defendant does not have the criminal history to be punished in excess of the fine, etc., the sentence of the court below seems unfair. Thus, the defendant's assertion of unfair sentencing is justified

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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