logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.06.13 2013노2627
근로기준법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for four months of imprisonment, and eight hours of social service) declared by the court below is too unhued and unreasonable.

2. In addition to the grounds for appeal by the prosecutor of the judgment, the case was examined ex officio, and the trial, and the defendant agreed with 6 of the 7 victimized workers of this case, and the remaining one worker D were paid part of the amount, and the defendant had no record of having been punished for the same kind of crime before the case, and there was no record of punishment heavier than the fine, and in full view of all other circumstances where the records are imposed such as the defendant's age, character and conduct, environment, circumstance and contents leading to the crime of this case, and circumstances after the crime, etc., the judgment of the court below is too unreasonable. Thus, the judgment of the court below is no longer maintained, while the prosecutor's allegation above is without merit.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not being paid a retirement allowance); and

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

1. Selection of each sentence of imprisonment;

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

1. Taking into account the various circumstances as seen in the grounds for reversal of sentence under Article 62(1) of the Criminal Act (normal consideration in light of the above grounds for reversal)

arrow