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(영문) 전주지방법원 2015.05.08 2014노828
사기등
Text

The judgment below

The guilty part shall be reversed.

One year of imprisonment with prison labor for each of the crimes of Articles 1 through 6 in the judgment of the defendant.

Reasons

1. Of the facts charged in the instant case, the lower court sentenced each of the dismissal of public prosecution as to the violation of the respective Labor Standards Act against each victims and victims of the attached Table 2 (1), attached Table 4 (1) and attached Table 1 through 5, 7 through 10, attached Table 5 (1) and attached Table 5 (3 through 14, and attached Table 6 (1), and the part of the dismissal of the prosecution was finalized due to the failure of the prosecutor to file an appeal.

Therefore, the scope of the trial of the court shall be limited to the guilty part of the judgment of the court below that the defendant appealed and the application for compensation order that was transferred to the court.

2. The summary of the grounds for appeal (each of the crimes listed in paragraphs 1 through 6 above: Imprisonment with prison labor of one year and two months, and each of the crimes listed in the holding7 through 10: imprisonment with prison labor of four months) is too unreasonable.

3. Prior to the judgment of the defendant as to the grounds for appeal against each of the crimes in subparagraphs 1 through 6 of the judgment ex officio (as to the crimes in subparagraphs 1 through 6 of the judgment of the court below), the prosecutor added "Article 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits" to the applicable provisions of the crimes in the case No. 2012Ga-722 among the facts charged in this part of the judgment below, and the court applied for permission to change the "Violation of the Labor Standards Act" to "Violation of the Labor Standards Act and Violation of the Guarantee of Workers' Retirement Benefits Act" to "Violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits" from among the facts charged in the above case, and the judgment of the court below as to the crimes in subparagraphs

4. The judgment on the grounds of appeal (as to each crime listed in Articles 7 and 10 at the market) is not good in that the defendant again committed the crime of this case despite the fact that he was punished for violating the Labor Standards Act several times, but it is not good in that he/she again committed the crime of this case. However, the victim S, W, X, Y, and Z during the trial, and the victim wishes to be punished by the defendant by agreement with the victim S,W, X, Z.

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