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(영문) 서울남부지방법원 2016.07.14 2014노2256
근로기준법위반등
Text

The defendant's appeal against the crime set forth in subparagraph 1 of Article 2015 [Attachment 3250] among the judgment of the court below of the second instance is dismissed.

The judgment of the court below and the second.

Reasons

1. The gist of the grounds for appeal is that the defendant recognized all criminal facts and seriously reflects all such criminal facts.

Workers in the 2014 No. 2256 and workers in the 2014 expressed their intention to punish the Defendant except H, among workers with unpaid wages.

The damage recovery for the workers in the 2016 No. 45 was complete.

On October 25, 2012, the Defendant was punished as a violation of the Labor Standards Act in the Daegu District Court’s Support on the grounds that the above criminal facts were in the same line as the criminal facts of this case.

It is possible to resume the business of the defendant, which started with business activities and ceased only.

In full view of these circumstances, the punishment sentenced by the court below is too unreasonable.

2. Determination

A. Of the lower judgment of the second instance judgment, wages of U for workers for the crime No. 3250 of the upper part of the 2015 lower judgment were distributed on June 1, 2016, and the principal is deemed to have been fully paid.

On the other hand, considering the following facts: (a) the above crime and the crime established in the judgment of the court below are ex post concurrent crimes; (b) the Defendant’s age, family relation, sex conduct, career, environment, details and result of the crime; (c) circumstances after the crime; and (d) all the sentencing circumstances indicated in the records and arguments of this case, such as the circumstances after the crime, and criminal experience, the court below’s punishment is too unreasonable, and thus, the allegation about

B. Of the lower judgment and the lower judgment of KRW 1, 2015, 2015, 3250, 2014, 2014, 4663, the Defendant was sentenced to each of the lower judgment, and the Defendant filed each appeal, and the lower court decided to jointly deliberate each of the appeals cases.

Of the lower judgment and the lower judgment of the second instance, the part on the crime of subparagraph 2 of Article 2015 [Attachment 3250] and subparagraph 2 of Article 2014 [Attachment 4663] and the crime of subparagraph 4663 of the same Article are concurrent crimes under Article 38(1) of the Criminal Act.

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