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(영문) 전주지방법원 2015.06.17 2015노77
근로기준법위반등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

Reasons

1. The lower court rendered a judgment dismissing each of the instant facts charged regarding the violation of the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits against Workers C, D, E, F, G, and H, and the violation of the Act on Guarantee of Workers' Retirement Benefits, and the violation of the Labor Standards Act against Workers' I, J, and R. Accordingly, the lower court appealed only the Defendant, and the prosecutor did not file an appeal, and thus, dismissed the aforementioned part

Therefore, the scope of the trial of the court shall be limited to the conviction of the defendant appealed by the court below.

2. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

3. The judgment of the court below is a large amount of wages and retirement allowances of this case, and even if the defendant had been punished for the same kind of crime, the crime of this case is not good in that the defendant again committed the crime of this case. However, there are circumstances that may be somewhat taken into account the circumstance of arrears, such as the wage of this case, etc., the defendant led to confession and reflects the crime of this case, and there are some circumstances that may be taken into account the circumstance of arrears, such as the wage of this case, and the payment of part of the unpaid wages to the workers through the distribution procedure, and the worker S and T during the trial and the above worker did not want the punishment of the defendant, and other circumstances that are the conditions of the arguments and the records of the crime of this case, including the defendant's age, character and behavior, environment, motive and consequence of

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, as the defendant's appeal against the conviction among the judgment below is justified

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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