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(영문) 서울남부지방법원 2018.03.23 2016노2310
근로기준법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: 10 months of imprisonment, 2 years of suspended sentence, 6 million won of fine) that the judgment of the court below rendered is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed an appeal against it, and this court decided to hold a joint hearing of the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. As such, the first and second judgment of the court below cannot be maintained.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each Workers;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (limited to the crimes of violation of the Labor Standards Act for each worker and the crimes of violation of the Guarantee of Workers' Retirement Benefits Act);

1. The second instance court, which selected the punishment of imprisonment with prison labor, but sentenced to imprisonment with prison labor, reversed all the judgment of the first instance court and the second instance judgment, and selected each imprisonment with prison labor in the trial where the sentence should be again determined.

(1) The Supreme Court Decision 200Do1410 delivered on May 16, 2003 delivered on May 16, 2003, etc.).

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