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(영문) 서울중앙지방법원 2013.09.11 2013노2063
근로기준법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) imposed by the lower court is too unreasonable.

2. The judgment of this case is the case where the defendant delayed payment of approximately KRW 36,90,00,000, such as F, G's wages, retirement allowances, etc. for employees E, which are operated by the defendant, and the defendant in the trial against his mistake when committing the crime of this case was committed, and the defendant expressed his intention not to punish the defendant at the same time during the trial. In full view of all of the sentencing conditions of this case, including the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the punishment of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[C] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court shall be cited in the summary of the evidence, except that the defendant's oral statement is added to "1. The defendant's oral statement at the trial" as stated in the judgment of the court below.

Application of Statutes

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing period of Article 334(1) of the Criminal Procedure Act is the same as that of paragraph (2) prior to the reasons for sentencing.

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