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(영문) 서울중앙지방법원 2018.10.19 2018노1539
근로기준법위반등
Text

The judgment below

In the middle [2017 High Order 4882] The details of the tax in arrears for each individual in attached Form 1 of the case are re-written 5 years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (i) [2017 order 4882] The portion of the remaining conviction except for the portion of the violation of the Labor Standards Act at the five-year period in arrears on the attached Table of the instant case’s judgment: 10 months of imprisonment, 2 years of suspended execution, and 2 years of suspended execution [2017 order 4882] the portion of the violation of the Labor Standards Act at the five-year period in arrears on the attached Table of the instant case’s judgment: 1 million won of fine) is too unreasonable.

2. Determination

A. [Attachment 2017 Highest 4882] As to the remaining convictions except for the violation of the Labor Standards Act of the five-year re-employment standard on each individual’s arrears as indicated in the judgment of the case, the defendant’s previous convictions of the same type and the violation of the Labor Standards Act are two times each, and the number of damaged workers is six.

However, in full view of the following facts: (a) the Defendant appears to recognize and reflect all of his/her criminal acts; (b) the lower court agreed with the victim AU; (c) the Defendant agreed with four victims; and (d) the additional agreement with the victim employees in the trial; (c) the unpaid wages are expected to have been paid to the victimized workers; and (d) the equity in the case of the judgment at the same time as the crime of embezzlement, etc. as indicated in the judgment finalized; and (c) other conditions of sentencing, such as the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means and consequence of the crime;

The decision is judged.

B. [2017 High Order 4882] As to the part of the offense of violation of the former Labor Standards Act, No. 5, the number of years in arrears by each individual as indicated in the [Attachment 2017 High Order 482] of the case, the Defendant had two previous convictions

In the instant case where there is no change in the sentencing conditions that would be specifically considered when the Defendant was committed in the above unfavorable circumstances, taking full account of the following circumstances, such as the Defendant’s age, sex, environment, health condition, family relationship, motive, means and consequence of the crime, the lower court’s judgment on this part.

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