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(영문) 부산고등법원 2018.10.02 2018노282
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the application for compensation by the applicant for compensation.

According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation is unable to file an appeal against the judgment dismissing the application for compensation. Therefore, the rejection part of the application for compensation was immediately finalized.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.

2. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is deemed to be too uneasible and unreasonable.

3. The Defendant received money under the pretext of arranging the employment of bus workers, and acquired some of them individually, and through accomplices, solicited the employee to be employed by the bus company or the person in charge of employment and contributed money.

In this process, the career certificate was forged and used.

The defendant's solicitation led to some actual employment.

The Defendant’s crime is that such deprivation of the opportunity for other legitimate applicants to compete, thereby impairing the fairness of employment service and seriously impairing social trust in employment. Therefore, the Defendant’s crime is light.

shall not be deemed to exist.

However, the defendant recognized all of the crimes of this case, cooperateed in the investigation, and reflected in the investigation.

In this case, among the amount of KRW 95 million provided by money and valuables women, the profits he/she acquired is a total of KRW 20,510,000.

The non-conforming motive of employment applicants is to facilitate the defendant's crime.

The defendant is an initial offender who has no criminal history.

In addition to these circumstances, there is no new circumstance that could change the sentence of the court below in the past and in the past, such as the defendant's age, sex, health conditions, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing is the sentencing.

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