(영문) 수원지방법원 2018.02.02 2017노5660 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.02.02 2017노5660

근로기준법위반등

Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. As to the violation of the Labor Standards Act by workers K and J among the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution, and as to this, only the Defendant appealed against the conviction part among the lower judgment, the part dismissing the public prosecution among the lower judgment that the both parties did not appeal was separately determined.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 4.5 million) is too unreasonable.

3. In the case of the crime of this case, the crime of this case is that the defendant who is the employer did not pay the total of 27 million won, including six workers' wages and retirement allowances, and the quality of the crime is not minor.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant has not paid wages in bad faith.

In light of the fact that there is no material to see, that is, workers F, E, G, and H’s withdrawal of petition was submitted in the first instance court, that the Defendant paid 50,000 won to H in the first instance court and 200,000 won to G, and that there is no record that the Defendant has been punished for the same crime in this case, and that there is no record that the Defendant was punished for the same crime in this case, and that other circumstances that are conditions for the sentencing indicated in the record, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the lower court’s sentence is too unreasonable.

4. Since the defendant's appeal is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below's conviction is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense (violation of duty to liquidate money and valuables).

유사 판례

-서울북부지방법원 2017.11.17 2017노442

-울산지방법원 2017.07.14 2016노2102

-대구지방법원 2017.11.29 2017노3803

-인천지방법원 2018.06.22 2017노4583

-대구지방법원 2016.06.29 2015노4087