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(영문) 대법원 2019.07.25 2019도5921
근로기준법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant A’s grounds of appeal, the lower court convicted Defendant A of the facts charged, on the grounds as indicated in its reasoning.

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 authority to prepare documents and the occurrence of property damage in the context of the crime of violation of the Labor Standards Act and the crime of violation of the Act on the Guarantee of Workers’ Retirement Benefits.

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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

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

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged on the grounds indicated in its reasoning.

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 authority to prepare documents in the crime of preparing qualification-based private documents and the crime of uttering of qualification-based private documents.

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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