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(영문) 수원지방법원 2020.11.02 2020노4162
근로기준법위반
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the reasons for appeal (nine months of imprisonment) by the lower court is too unreasonable.

2. Where a court intends to render a trial without a statement of a defendant pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings because the whereabouts of the defendant cannot be confirmed after the defendant was absent on the pronouncement date, the defendant summoned by public notice pursuant to Article 19 (2) of the Rules on Special Cases concerning Promotion, etc. of Legal Proceedings shall be absent on at least two occasions in the course of the appearance of the defendant at the time of

(See Supreme Court Order 91Mo23 Decided December 17, 1991, etc.). According to the records, the records show that the defendant was notified of the date of pronouncement on August 26, 2019 on the date of the 6th trial of the lower court, but did not appear on the date of pronouncement. The lower court’s delivery of a writ of summons on October 16, 2019, but was not served due to the absence of a closed text. The lower court’s execution was impossible even if a detention warrant was issued on October 30, 2019, and the lower court decided that the service of the defendant was to be served by public notice on May 20, 2020, and then the lower court ordered that the defendant was served for nine months in imprisonment without prison labor.

According to the above facts of recognition, the court below rendered a judgment immediately in the absence of the defendant at the first date of trial, which violates Article 19(2) of the above Rules of Special Cases.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Reasons for the judgment of multiple court] Summary of facts constituting an offense and evidence recognized by this court is recorded in the corresponding column of the judgment below.

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