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(영문) 서울중앙지방법원 2018.02.02 2017노4560
근로기준법위반등
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The first deliberation sentence (two years of suspended sentence in October) of the summary of the grounds for appeal (unfair sentencing) is deemed unfair because it is too uneasible.

2. In addition to the circumstances described in the column for sentencing on the first day of the judgment ex officio, the Defendant led to the conviction of the instant case, and led to the conviction of the Defendant. The employees paid the amount of wages and retirement allowances to the employees, and the said employees voluntarily withdrawn the Defendant’s civil procedure.

In light of the various sentencing conditions shown in the records and arguments of this case, the above sentence, which was sentenced by the first instance court, seems to be too unreasonable.

3. If so, the judgment of the court of first instance is reversed, without examining the prosecutor's improper argument about the sentencing, and the judgment of the court of first instance is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following is determined through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence in the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods), and Articles 44 Subparag. 1 and 44 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

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