logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.12.03 2014노83
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant led to the confession of each of the crimes of this case and stated that the defendant was divided, but there are circumstances unfavorable to the defendant, such as the defendant's previous convictions in the meantime, the defendant could have been sentenced to imprisonment without prison labor for the same kind of crime, the previous convictions of the defendant who was sentenced to suspension of execution of imprisonment with prison labor for the same kind of crime are one time, and the above workers have not paid all wages

In full view of the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, and the motive, background, means and consequence of each of the instant offenses, the circumstances after the commission of the offense, criminal records, and family relations, the sentence imposed by the lower court is appropriate and unreasonable. Thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

[However, according to each of the records of arrears with H and I (26 pages, 27 pages of the evidence records), since it is clear that "7.17." in the part of the service period of No. 3 in the crime sight table of the court below is a clerical error, it shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure as "7.9." Since it is obvious that "6.1." in the part of the service period of No. 4 in the same crime sight table is a clerical error, it shall be corrected ex officio pursuant to the same Article as "6.11."

arrow