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(영문) 대법원 2019.06.13 2018도17135
근로기준법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court upheld the first instance judgment convicting the Defendant of violating the Labor Standards Act among the facts charged in the instant case.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the prohibition of intentional act, ordinary wages, and intent to violate the Labor Standards Act.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. On the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the prosecutor on the violation of the Guarantee of Workers' Retirement Benefits Act on the ground that there was no proof of crime among the facts charged in the instant case.

Examining the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the guarantee of workers' retirement benefits and the calculation

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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