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(영문) 창원지방법원 2017.12.21 2017노2328
근로기준법위반등
Text

The judgment below

The guilty part shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is too heavy (one year of suspended sentence for four months of imprisonment) of the lower judgment.

2. The judgment below's total amount of overdue wages, overdue wages, bonuses, and retirement allowances amount to about 32 million won and the amount of the same kind and the previous convictions can be found to be large. However, considering the following factors: (a) the defendant led to the confession of the crime; (b) the defendant has reached an agreement with the victim; (c) the reason for favorable sentencing; (d) the defendant's age, family relation, economic situation; (e) the process and motive leading to the crime; and (e) the records and the changes in the records of this case, the defendant's assertion is reasonable, since the punishment of the court below is recognized to be unfair because it is without merit.

3. In conclusion, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following is ruled again after pleading.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence, and thus, the gist of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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