(영문) 울산지방법원 2018.02.09 2017노1621 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2018.02.09 2017노1621

근로기준법위반

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than three months.

Reasons

1. The lower court dismissed the prosecution at least 21 times per annum of the crime sight table among the facts charged in the instant case, and convicted the remainder of the facts charged.

However, since the defendant filed an appeal only for the guilty portion of the judgment of the court below on the grounds of unfair sentencing, and the dismissed portion of the judgment of the court below is separate due to the failure of both the defendant and the prosecutor to appeal for the dismissal portion of the prosecution, the scope of the trial per party

2. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

3. The judgment of the defendant has reached a unanimous agreement with nine victims (not including the victims agreed at the court below and approximately KRW 87540,000) among nine victims (not including the total amount of overdue wages, approximately KRW 49,360,000). In light of the portion of the wages of the workers agreed in the total overdue wages, there is a change in the sentencing conditions when considering the proportion of the wages of the workers agreed in the whole overdue wages.

B. In full view of all the circumstances, including the Defendant’s age, sexual conduct, environment, means and result of a crime, and the circumstances after a crime, the sentence imposed by the lower court is somewhat inappropriate and unfair.

Therefore, the defendant's argument is justified.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the choice of imprisonment;

1. Aggravation concurrent crimes;

유사 판례

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-대구지방법원 2017.09.13 2017노2430

-대구지방법원 2016.03.23 2015노850