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(영문) 서울남부지방법원 2020.08.13 2019노905
국민연금법위반
Text

All judgment of the court below shall be reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (No. 1: fine of 3 million won, and fine of 1 million won: that of the court below) is too unreasonable.

2. The appeal case against the judgment of the court below was joined in the judgment of the court below for ex officio judgment. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and the sentence should be imposed within the period of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below should be

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above. It is so decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 128 (2) 2 of the National Pension Act, Articles 128 (2) and 95 (2) of the National Pension Act, the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the period of delinquency in sentencing under Article 334(1) of the Criminal Procedure Act exceeds six years and the amount of the pension contributions that the defendant did not pay is not sufficient, there are also circumstances in which the defendant made efforts to pay delinquent insurance contributions, the defendant does not have been punished for the same kind of crime and has no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, motive, means, and result of the crime of this case are determined as ordered by taking into account all the conditions of sentencing as shown in the argument of this case.

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