(영문) 서울북부지방법원 2018.10.12 2018노1289

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(영문) 서울북부지방법원 2018.10.12 2018노1289

근로기준법위반

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is excessively unreasonable.

2. In view of the fact that the Defendant appears to have led to the confession of and reflect against the instant crime, and the fact that the instant crime was committed simultaneously with the instant case in the lower court’s judgment and the instant case in the lower court’s order 4300, 5068, 5748, 2018, group 332 (Joint) judgment, etc., the crime of this case is not committed because the Defendant failed to perform its duty to liquidate money and valuables worth KRW 21,00,000,000 for the sum of four employees working at the advertising agency operated by the Defendant.

Nevertheless, the Defendant did not pay the full amount of the above wages up to now.

The defendant has been sentenced to five times a fine due to a violation of the Labor Standards Act, and one time a suspended sentence of imprisonment and six times a fine for other crimes, except for the previous convictions in the final judgment of the court below.

Therefore, there is a need for punishment corresponding to the act and responsibility of the defendant.

In full view of the above circumstances and other circumstances, the lower court’s punishment cannot be deemed to be unfair due to excessive circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence, and the circumstances after the crime.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and the court below’s decision that it is obvious that it is a clerical error in accordance with Article 25(1) of the Regulation on Criminal Procedure that it is obvious that it is a clerical error in accordance with Article 25(1) of the Criminal Procedure Act on the ground that the Defendant’s appeal is ex officio correction is made to “the former Labor Standards Act (amended by Act No. 15108, Nov. 28,

참조조문

-형법

-형사소송규칙 제25조 제1항

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