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(영문) 의정부지방법원 2016.08.23 2016노1561
근로기준법위반등
Text

The judgment below

The guilty portion shall be reversed.

Serial Nos. 4 and 22 in attached Table 1 of the List of Crimes in which the defendant is the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing): The number of workers listed in 4, 22 in the table 1 of annexed crimes as shown in the judgment below and each worker listed in attached Table 2, number 41, 45, 82, and 95, and the wage and retirement allowance of 59 No. 1,24,720 per annum and 3,18,610 won per annum among annexed crimes table 2: 3,00 won; 1 through 3,5 through 15, 17 through 19, 21, 23 through 25, 23 through 47, 36, 47, 74 through 46, 75, 78 through 46, 74, 76, 765 through 46, 765, 365, 465, 765, 465, 765, 364, 3665, 465, 7

2. Determination

A. Of KRW 1,361,692,717 prosecuteds of KRW 508,484,116, a judgment dismissing a public prosecution was rendered on the part of KRW 853,208,601, and was convicted of KRW 508,484,116. It is recognized that the Defendant was guilty of KRW 508,484,116.

B. However, in light of the fact that the defendant led to the confession and reflect of the crime of this case, the fact that the defendant has reached an additional agreement with 20 victims (amount of damage: 189,97,80 won) at the trial, and other factors of sentencing specified in the records and arguments of this case, including the defendant's age, environment, sexual conduct, motive and circumstance of the crime of this case, and circumstances before and after the crime, the sentence of the court below is too unreasonable.

(c)

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court shall be as follows.

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