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(영문) 부산지방법원 2017.08.18 2017노2232
근로기준법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

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

2. It is recognized that the Defendant has been sentenced to a fine and a suspended sentence for a total amount of time, and that there was a record of being punished 11 times for the same crime, and that the amount of wages paid to 20 workers exceeds a total of 67,500,000 won.

However, the Defendant has led to the confession of all the crimes and divided his mistake, paid a total of KRW 33 million by 11 workers from the Labor Welfare Corporation, and paid part of the unpaid wages to 19 workers (F. 80,000 won, O 1.5 million won, V 1.3 million won, M 1.3 million won, N 1.5 million won, K 88 billion won, W 300,00 won, G 350,000 won, S2.1 million won, X 200, Q2 million won, R 90,000 won, the Defendant’s respective circumstances and conditions of the crime of this case, which were expressed in the judgment of the court below, including the following:

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (Selection of Imprisonment);

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed for a violation of the Labor Standards Act concerning heavy workers T) ;

1. Article 62 of the Criminal Act:

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