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(영문) 부산지방법원 2015.04.24 2014노1911
근로기준법위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of 1.3 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment (the first judgment: the fine of KRW 300,00,000 and the second judgment of the original court: the fine of KRW 1 million) of each of the original judgment by Defendant is too unreasonable.

B. The punishment (one million won of a fine) of the second judgment of the court below by the public prosecutor is too unhued and unreasonable.

2. Before determining the grounds for appeal by the defendant and prosecutor ex officio, this Court decided to hold a concurrent hearing of each appeal case against the judgment of the court below. Since the first and second judgments of the court below found the defendant guilty in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, the separate punishment like the first and second judgments of the court below cannot be punished and the punishment shall not be imposed pursuant to Article 38(1) of the Criminal Act concerning the punishment of concurrent crimes. Thus, the judgment of the court below cannot be maintained any more in this respect.

3. If so, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing by the defendant and the prosecutor, and the judgment below is reversed ex officio, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the first and second judgments of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 109(1) and 36 of the Labor Standards Act, Article 257(1) of the Criminal Act, and the choice of each fine concerning criminal facts;

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

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse is that the Defendant recognized and reflected the instant crime, agreed with the victim of the crime of injury, and that the employee F was paid unpaid wages by the Defendant.

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