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(영문) 서울중앙지방법원 2014.07.25 2014노1853
근로기준법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The main point of the defendant's appeal is that the sentence imposed by the court below (700,000 won) is too unreasonable.

2. In light of all the circumstances, such as the Defendant’s age, criminal records, motive and background of the instant crime, means and methods, and circumstances after the instant crime, the lower court’s punishment is somewhat unreasonable, in view of the following: (a) the Defendant was the first offender with no criminal power; (b) the victim’s smooth reconciliation in civil cases; and (c) the victim regularly pays the amount to the victim every month.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is again ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);

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