logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.06.22 2018노139
상법위반등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

Defendant’s imprisonment with prison labor for one year and fine for 2,00.

Reasons

1. As to the judgment of the court of first instance, the court of first instance rendered a judgment dismissing a public prosecution against the violation of the Labor Standards Act No. 9 on Workers G, No. 2017 Go-soon No. 2017 Go-soon No. 1291 among the facts charged, and convicted the remainder of the facts charged.

Since the part of the judgment of the court below against Defendant and the prosecutor’s appeal only against the conviction in the judgment of the court of first instance that the prosecutor did not appeal is separated and confirmed by the expiration of the appeal period, the scope of the judgment of the court of first instance regarding the judgment of the court of first instance is limited to the part which the court of first instance found guilty (hereinafter “the judgment of the court of first instance” and “the judgment of the court of second instance”). 2. Summary of the grounds for appeal

A. Each sentence imposed on Defendant 1 and 2 (the first instance judgment: imprisonment with prison labor for one year and six months and fine for one million won, and the second instance: imprisonment with prison labor for four months and fine for one million won) is too unreasonable.

(b)the sentence sentenced to the Defendant by the first instance judgment of the Prosecutor is too unhued and unreasonable;

3. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the first and second court ex officio examined the defendant, and subsequently sentenced the defendant to a separate sentence. The defendant filed an appeal against the judgment of the court below against the judgment of the court below, the prosecutor filed an appeal against the judgment of the court of first instance, and the court decided to consolidate each of the above appeal cases.

However, each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below against the defendant was no longer maintained in this respect.

4. In conclusion, the judgment of the court below is based on the above reasons for reversal, and thus, the judgment of the court below is unfair.

arrow