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(영문) 서울중앙지방법원 2017.08.25 2017노2044
근로기준법위반등
Text

Part of the judgment of the first instance court shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing and the scope of the appellate court’s judgment is limited to the convictions of the judgment of the first instance court) is too unreasonable (ten months of imprisonment).

2. In full view of all the sentencing conditions in the instant case, including the fact that, in addition to the circumstances described in the reasons for sentencing in the first instance court of the judgment, the Defendant submitted a letter of agreement that the said employee would not want the punishment of the Defendant in the appellate court by further agreement with nine workers, and that the employee’s substitute payment received a substitute payment and substantially recovered from damage, the first instance sentencing sentence is unfair, and thus, the Defendant’s allegation in this part is justified.

3. Thus, the defendant's appeal is with merit, and the part of the judgment of the court of first instance among the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court of first instance. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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