(영문) 서울중앙지방법원 2017.01.13 2016노2408

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(영문) 서울중앙지방법원 2017.01.13 2016노2408

근로기준법위반

Text

We reverse the judgment of the first instance court.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The first deliberation type (one million won in penalty) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In full view of all other circumstances, including the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence of the first instance court is too unreasonable, and it seems that the sentence of the first instance court is too unreasonable, considering the following: (a) the Defendant paid most of the overdue wages before the judgment of the court of first instance for workers E; (b) the employee F was paid most of the overdue wages to the lower court; (c) the Defendant divided and reflected the misunderstanding; and (d) the Defendant did not have any record of punishment for the same kind of crime.

Therefore, we accept the defendant's unfair argument in sentencing.

3. Thus, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court of first instance against the defendant, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Act, and Article 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

참조조문

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