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(영문) 인천지방법원 2018.01.19 2017노4482
근로자퇴직급여보장법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The court below held that there was no record of punishment for the same kind of crime except for a fine of two minor fines (the amount of KRW 500,000, KRW 300,000, KRW 3000,000), the defendant deposited KRW 10,000 for E in the court below and led to the conviction of the party, and the difference between the defendant and the worker E appears to be a reason for committing the instant crime. Considering such special circumstances with the worker E, the defendant did not pay wages, etc. when he criticizes E.

that there is a possibility of re-offending;

In full view of other circumstances, such as the Defendant’s age, sexual conduct and environment, motive, means and consequence of a crime, and circumstances after a crime, etc., the lower court’s punishment is too unreasonable because it is too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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