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(영문) 광주지방법원 2015.11.10 2015노1017
근로기준법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that the defendant agreed with 17 workers who did not receive bonuses in the trial, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act due to the failure to pay wages for the hot M, the largest penalty);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing factors under Article 334(1) of the Criminal Procedure Act, such as the fact that the defendant's reasons for sentencing under Article 334(1) of the provisional payment order include not less than 17 and the total sum of wages that the defendant has not paid to 77,00,000 won, and the defendant has agreed with 17,00 won from the trial to the above workers, and the defendant paid 80% of the unpaid wages to the workers respectively, the defendant has no record of criminal punishment for the same kind of crime, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions for sentencing specified in the records and arguments of this case, including the circumstances after

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