(영문) 서울남부지방법원 2017.01.12 2016노922

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(영문) 서울남부지방법원 2017.01.12 2016노922

근로기준법위반등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was prosecuted for having not paid the wages of KRW 860 million in total, and one year to reach an agreement, but agreed with two workers, and the remaining overdue amount reaches KRW 5900,000.

Considering the suffering of workers, the punishment imposed by the court below is unreasonable because it is too unhutiled.

B. At the time of the judgment of the court below, the Defendant paid 12,70,000 won to the employees in the distribution procedure, and the employees K received substitute payment of 3,00,000 won after the judgment of the court below.

In addition, in the distribution procedure for the defendant's property, workers are expected to receive additional dividends and prepare a non-exclusive application for punishment.

2. At the time of the pronouncement of the lower judgment, the Defendant paid KRW 5,900 to the employees in addition to the total amount of the unpaid wages, etc., but the Defendant additionally paid KRW 1,500 to the employees due to dividends, substitute payments, etc. arising from auction in the first instance.

In addition, considering the defendant's age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime, criminal experience, and all the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair and unfair. Thus, the prosecutor's improper assertion of sentencing is justified and the defendant's argument of sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading ( there is no ground for appeal by the defendant, but no separate dismissal is made since the judgment of the court below is reversed by the prosecutor’s appeal). 【Judgment which is used again” The summary of facts constituting a crime and evidence acknowledged by the court is identical to each corresponding column of the judgment of the court below. Thus

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