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(영문) 수원지방법원 2016.06.10 2016노533
근로기준법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, according to the evidence duly adopted and examined by the court below, the defendant was sentenced to eight months of imprisonment for a crime of fraud at the Daegu District Court on December 20, 2013, and the above judgment became final and conclusive on February 12, 2015. On April 10, 2015, the court below sentenced one year of suspended execution to four months of imprisonment for a crime of fraud, etc., and decided on April 18, 2015, and the above judgment became final and conclusive on January 29, 2016 after being sentenced to one year and four months of imprisonment for a crime of fraud from the Suwon District Court on May 20, 2016. Since each crime of fraud, etc., for which the judgment of the court below in the judgment of the court below against the defendant became final and conclusive on May 20, 2016, the judgment of the court below cannot be held concurrently in consideration of the case of concurrent crimes under Article 37 of the Criminal Act and the first sentence.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is to be stated in the first head of the crime in the judgment of the court below. "The defendant was sentenced to eight months of imprisonment with prison labor at the Daegu District Court on December 20, 2013, and the above judgment became final and conclusive on February 12, 2015. On April 10, 2015, the suspended sentence of one year was finalized on April 18, 2015, and the above judgment became final and conclusive on January 29, 2016 upon being sentenced to one year and four months of imprisonment with prison labor at the credit support of Suwon District Court for Suwon District Court on February 20, 2016, and was finally decided on May 20, 2016."

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