(영문) 의정부지방법원 2018.05.25 2017노3616

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(영문) 의정부지방법원 2018.05.25 2017노3616

근로기준법위반

Text

The judgment below

The remainder, excluding the dismissed part among the public prosecution, shall be reversed.

Defendant 1,000,000 won.

Reasons

1. The lower court dismissed the prosecution against the Defendant as to the violation of the Labor Standards Act against B among the instant facts charged, the violation of the Guarantee of Workers’ Retirement Benefits Act, and the violation of the Labor Standards Act against C, and convicted the Defendant of the remainder of the facts charged.

In regard to this, only the defendant appealed the above guilty part, and the rejection part of the public prosecution which the defendant and the prosecutor did not appeal is separated and confirmed as it is. Thus, the scope of this court's judgment is limited to the guilty part of

2. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

3. The crime of this case is not less than 17,50,000 won of wages and advance notice of dismissal for two retired workers, in which the defendant before the same crime of this case was committed.

This is disadvantageous to the defendant.

However, the defendant recognized all of the crimes of this case and is against the law.

Although the Defendant has been punished for the same kind of crime, it is relatively old (2002, 2005). In particular, on December 1, 2017, the date the lower judgment was rendered, the Defendant agreed to pay all the unpaid wages, etc. to the said two workers.

However, the above agreement was submitted on January 10, 2018, which was after the judgment of the court below was rendered.

This is the circumstances favorable to the defendant.

In addition, considering the defendant's age, sex, environment, and the background and result of the crime of this case and all the sentencing conditions shown in the records and arguments of this case, since the sentence imposed by the court below is too excessive and unfair, the defendant's assertion is reasonable.

4. As such, the defendant's appeal is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the dismissed part of the prosecution among the judgment below is reversed, and it is again decided as follows through pleading.

[Re-use]

유사 판례

-부산고등법원 (창원) 2017.11.22 2016노460

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-대전지방법원 2016.08.17 2015노1904

-제주지방법원 2018.11.22 2018노290

-수원지방법원 2018.08.24 2018노2950