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(영문) 춘천지방법원 2016.05.26 2015노360
근로기준법위반등
Text

The guilty part of the judgment of the court of first instance and the judgment of the court of second instance are reversed, respectively.

A defendant shall be punished by a fine of five million won.

Reasons

1. Summary of grounds for appeal;

A. Sentencing 1 of the lower judgment’s sentencing on the first instance judgment (an amount of KRW 5 million) is too unreasonable.

B. The 2nd sentence of the lower judgment against the lower court’s 2nd sentence (an amount of KRW 5 million) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and the defendant filed an appeal against them, and the court decided to hold the above two cases together.

However, since each crime of the first and second judgment in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below in the first and second judgment cannot be maintained as it is.

3. The guilty part of the judgment of the court below No. 1 and the judgment of the court below No. 2 on the ground that the above reasoning of the judgment of the court below is reversed, and the guilty part of the judgment of the court below No. 1 and the judgment of the court below No. 2 are reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant

【The reasoning of the judgment in its entirety is that the facts constituting a crime and the summary of the evidence recognized by the court below and the summary of the evidence are “from January 1, 2012 to July 1, 2012” in the second sentence of the judgment of the court of first instance as “from January 1, 2012 to July 1, 2012.” The summary of each evidence in the judgment of the court below is the same as that of each corresponding column of the judgment of the court below, except that the “1. part of the defendant’s legal statement” in the summary of each evidence as “1.1. the defendant’s legal statement” is the same as that of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article

Application of Statutes

1. Relevant legal provisions and Articles 28(1) and 6(1) of the Minimum Wage Act (which means the payment of the minimum wage) for criminal facts, and Articles 109(1), 43, 56, and 36 of the Labor Standards Act (which means the payment of the minimum wage), respectively.

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