(영문) 대구지방법원 2017.11.29 2017노3803 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2017.11.29 2017노3803

근로기준법위반

Text

The judgment below

The guilty part shall be reversed.

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

(2) the date of this judgment.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution regarding the violation of the Labor Standards Act to the workers re-employed in the attached Table 2 of the crime list of the lower judgment, and convicted the remainder of the facts charged.

Defendant

In this case where only an appeal was filed for the reason that the sentencing was unfair, the dismissal part of the above indictment was already finalized, and only the guilty part of the judgment below is subject to the judgment of this court.

2. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. The instant crime is deemed to have been committed by the Defendant with a total of approximately KRW 22,00,000,000,000,000,000,000,00 won.

However, in light of the fact that the defendant acknowledged the crime of this case late later and against the defendant, the defendant deposited about KRW 139 million in total for the damaged workers and paid about KRW 7.4 million in the court below, and the defendant agreed to pay the overdue wages to 90 workers in the court below, and additionally deposited the additional money to some workers, and other circumstances shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, motive or circumstance of the crime, and circumstances after the crime, etc., it is judged that the punishment imposed by the court below is too unreasonable.

4. In conclusion, the part of the judgment of the court below which found guilty under Article 364(6) of the Criminal Procedure Act is reversed, and the defendant's appeal is therefore reasonable, and it is again decided as follows after pleading (Article 109(3) of the Labor Standards Act provides that the dismissal part of the judgment of the court below is clearly a clerical error in the "non-violation of punishment: Article 109(2) of the Labor Standards Act: Article 109(3) of the Labor Standards Act", and therefore, it is obvious that it is a clerical error in the "non-violation of punishment: Article 109(2) of the Labor Standards Act; therefore, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure. [The judgment used again for the guilty part] The criminal facts

참조조문

-형사소송규칙 제25조 제1항

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