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(영문) 서울서부지방법원 2013.05.30 2013노238
근로기준법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Summary of Grounds for Appeal

Each sentence (the first instance court: 1 year, and 2 years, and 8 months, which was sentenced to the defendant) sentenced by the court below is too unreasonable.

Judgment

Prior to the judgment on the grounds for appeal by the defendant, the first and second court rendered a separate examination and rendered a judgment of conviction against the defendant, and then the defendant filed an appeal respectively. The court decided to hold the above appellate case together with the above appellate case.

However, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced within the scope of the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act.

Therefore, each judgment of the court below against the defendant was no longer maintained in this respect.

Therefore, the first and second judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment of the court below is reversed in entirety, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: the facts charged and the summary of the evidence are as follows: except where the “building” under Section 15 of the judgment of the court of first instance is deemed as “building”, and all of the judgment below are the same as the corresponding columns of each judgment of the court below; thus, they are cited in accordance with

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act that provide for the choice of a sentence, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201); Articles 231 and 231 of the Criminal Act (amended by Act No. 10967, Jul. 25, 201); Articles 234 and 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 34 of the Criminal Act (amended by Act No. 10967, Jul. 25, 201);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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