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(영문) 의정부지방법원 2016.03.18 2015노2100
근로기준법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is unfair because the punishment (300,000 won penalty) imposed by the court below is too unreasonable (the defendant explicitly withdrawn his assertion of misunderstanding the legal principles on the date of the first trial of the court below). 2. The crime of this case is that the defendant dismissed his employee without prior notice and did not pay the advance notice of dismissal from time to time, and the crime liability is not weak in light of the content of the crime, etc.

However, in light of the favorable circumstances such as the Defendant’s age, sex, environment, background and method of the instant crime, circumstance after the instant crime, and criminal record, etc., the sentence imposed by the lower court is unreasonable, in view of the following: (a) the Defendant appears to have committed the instant crime, and the Defendant’s attitude against the Defendant, six days after the date of dismissal, and the full payment of the pre-determination allowance for dismissal to the employee after the lapse of six days after the dismissal; and (b) other circumstances that form the conditions for sentencing as indicated in the instant records and theories, such as the Defendant’s age, sex, environment, circumstances after the instant

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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. Article 110 of the relevant Act concerning criminal facts and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The part on the grounds for appeal for sentencing under Article 59(1) of the Criminal Act (i.e., the fact that the circumstances prior to the opening of a sentence would not lead to re-offending even if the Defendant did not have sentenced the sentence), is “judgments on the grounds for appeal”.

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