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(영문) 수원지방법원 2018.06.15 2018노431
근로기준법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The court below sentenced the judgment dismissing the public prosecution of the part concerning D among the facts charged in this case, and sentenced the remaining facts charged. The prosecutor appealed against the guilty part, and the dismissal part of the above public prosecution became final and conclusive as it did not appeal both the defendant and the prosecutor. Thus, the scope of the trial of this court is limited to the guilty part of the judgment below.

2. The summary of the grounds for appeal asserts that the defendant is too unafford and unfair because of the sentence of the court below (in 10 months of imprisonment and 2 years of suspended execution), and the prosecutor asserts that it is too unafford and unfair.

3. In light of the amount and period of wages that the defendant did not have to pay, the crime of this case is not less than the nature of the crime, and the fact that the defendant did not agree with a considerable number of workers is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized his mistake and is against the defendant, appears to have some circumstances to consider the background of the crime of this case, there is no history of punishment exceeding the fine against the defendant, and the fact that the defendant reached an agreement with the laborJ, M and R when he was in the trial of the party is favorable to the defendant.

Considering the above circumstances and other various sentencing conditions as shown in the argument of the instant case, including the Defendant’s age, sexual conduct, environment, health, motive for committing the crime, and circumstances after committing the crime, the lower court’s punishment is somewhat unreasonable.

Therefore, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

4. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately).

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