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(영문) 서울남부지방법원 2019.06.21 2019노625
근로기준법위반등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Defendant A committed the instant violation of the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits, even though there were three times of fine and one-time suspension of sentence due to the violation of the Labor Standards Act.

However, Defendant A recognized each of the instant crimes, and compensated the rest of the victimized workers except the victim AD.

In addition, taking into account all the factors of sentencing indicated in the pleadings of the instant case, such as Defendant A’s age, character and conduct, environment, motive and means of crime, and circumstances after the crime, the lower court’s sentence seems somewhat unreasonable.

Therefore, Defendant A’s assertion is justified.

3. In conclusion, the part of the judgment below against Defendant A among the judgment below is reversed and the following decision is delivered in accordance with Article 364(6) of the Criminal Procedure Act, since the appeal by Defendant A is well-grounded.

【Reason of the judgment of the court below which re-written on the part against Defendant A of the judgment of the court below] Criminal facts and summary of evidence acknowledged by the court below, and summary of evidence are the same as that of each corresponding column of the judgment of the court below, except for addition of a list of crimes as shown in the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201); Articles 44 subparag. 20 and 147(1) of the respective Act on the Guarantee of Workers’ Retirement Benefits; Articles 445 subparag. 20 and 147(1) of the Financial Investment Services and Capital Markets Act (amended by Act No. 15108, Nov. 28, 201); Articles 446 subparag. 31 and 173(1) of the Financial Investment Services

1. Each worker provided for in Articles 40 and 50 of the Criminal Code of Trade and Trade.

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