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(영문) 대구지방법원 2017.12.20 2017노4210
근로기준법위반등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The sentence of a fine of KRW 500,00,000, imposed by the court below, is too unreasonable.

2. The judgment of the court below is too unreasonable in light of the following circumstances: (a) the defendant's collection of approximately KRW 2.190,00 from the deposit account of the C-Housing Reconstruction Improvement Project Association upon receiving the seizure and collection order of the claim; and (b) the defendant has no criminal record other than fine two times due to the violation of the Juvenile Protection Act; and (c) the defendant has no criminal record other than the defendant's age, sex, behavior, environment, family relationship, circumstances after the crime, etc.; and (d) all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, family relationship, etc., the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with 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 evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (the daily calculation amount: 100,000 won) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 201Da1116

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