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(영문) 부산지방법원 2017.09.01 2016노4597
근로기준법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is too unreasonable.

2. It is recognized that the amount of the overdue wage exceeds 8.180,000 won.

However, considering the following facts: (a) the Defendant led to the confession of the crime; (b) there is no particular criminal history other than the punishment twice the fine; (c) there is no history of punishment for the same kind of crime; (d) the full payment of overdue wages to the employees; and (e) the Defendant’s age, sexual conduct, environment; (e) motive, means and consequence of the instant crime; and (e) all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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