(영문) 창원지방법원 2016.11.23 2016노2668 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2016.11.23 2016노2668

근로기준법위반등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Each of the instant crimes committed by the Defendant is an unfavorable circumstance in light of the following: (a) the Defendant delayed payment of the total amount of KRW 305,179,720, and the total amount of KRW 269,38,68, including the amount of overdue wages and retirement allowances; and (b) the number of damaged employees; and (c) the fact that the Defendant did not complete recovery of damage up to the present.

However, all of the crimes of this case are advantageous to the fact that the defendant made a confession of all of the crimes of this case, there is no record that the defendant was punished in excess of the same criminal record or fine, and the substitute payment is paid to 101 workers, etc. It seems that all of the damaged workers in the trial withdrawn a complaint against the defendant. Some of the workers wanted to leave the ship against the defendant, and each of the crimes of this case appears to have resulted from the accumulated fault of the enemy due to the depression of the shipbuilding industry while the defendant operated the vessel processing business.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and other various sentencing conditions shown in the records and arguments, the sentence imposed by the lower court is deemed unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Criminal facts;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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