(영문) 대구지방법원 2012.12.21 2012노3292 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2012.12.21 2012노3292

근로기준법위반

Text

The judgment below

The guilty portion against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. In light of the fact that the money and valuables, such as unpaid wages, etc. in the instant case are up to 166,198,250 won (excluding the part dismissing the prosecution in the original instance), the Defendant did not agree with 13 workers who did not receive the money and valuables such as wages, etc. up to the trial, and the payment of money and valuables such as wages and retirement allowances is a key element guaranteeing the basic livelihood of workers, and thus, it is stipulated that the payment should be strictly punished under the Labor Standards Act, unlike the case of nonperformance in general.

However, the following circumstances acknowledged by the record, namely, that the defendant recognized all the crimes of this case, and made an effort to reach an agreement with workers who did not receive money and valuables, such as wages, etc., and as a result, it appears that the defendant continued to pay money and valuables, such as unpaid wages, etc., after the judgment of the court below, and that the defendant would have continued to do so. The court below's sentencing is too unfair, considering the following circumstances: the defendant's age, character and behavior, occupation and environment, including equity with criminal punishment for other crimes similar to the crime of this case, as well as the motive and circumstance leading to the crime of this case, the result of the crime, the circumstances before and after the crime, and other various circumstances that form the conditions for sentencing as shown in the records and arguments, it is too unreasonable to determine that the sentencing of the court below is too inappropriate.

3. Accordingly, the defendant's appeal pointing out the issue of unfair sentencing is with merit, so the judgment of the court below on conviction against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows through pleading.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

참조조문

-근로기준법

-형사소송법 제364조 제6항

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