(영문) 인천지방법원 2016.06.23 2015노4290 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.06.23 2015노4290

근로기준법위반등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that from the date of this judgment.

Reasons

1. The court below dismissed the prosecution against the defendant as to the violation of the respective labor standards of C, D, E, F, and G and the violation of the Guarantee of Workers' Retirement Benefits Act, and sentenced the defendant to the defendant for six months by recognizing the violation of the remaining labor standards and the violation of the Guarantee of Workers' Retirement Benefits Act. The defendant only appealed against the above guilty part. Since the dismissed part of the judgment of the court below which was not appealed is separated and confirmed as it is, the judgment of the court below is limited to the convicted part of the judgment below.

2. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.

3. It is recognized that the Defendant’s delayed payment of wages and retirement allowances is relatively large, and that the Defendant did not reach an agreement with his/her employees because the delayed payment of wages, etc. has not been paid until a considerable period of time.

However, the Defendant recognized the Defendant’s mistake of causing damage to the workers, and is against the duty of care due to the aggravation of business management, and seems to cause the instant crime to be committed.

A substitute payment for part of the overdue amount seems to have been made, and the worker received approximately KRW 27 million in the auction procedure for the real estate owned by the defendant, and the defendant agreed that only with the remaining workers except J (4.6 million won in arrears) and M (1.4 million won in arrears).

There is no past record of the defendant who has been sentenced to the same criminal records or fines.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is somewhat heavy.

Recognized.

4. In conclusion, the defendant's appeal is reasonable, and therefore, Article 364 (6) of the Criminal Procedure Act is applicable.

유사 판례

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