(영문) 서울동부지방법원 2019.01.17 2018노1273

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자간(%)

(영문) 서울동부지방법원 2019.01.17 2018노1273

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The court below's scope of trial is dismissed as to the violation of the Labor Standards Act among the facts charged against the defendant, and found guilty as to the remaining facts charged, and since the defendant and the prosecutor appealed only the guilty part and dismissed the prosecution without appeal, the court's scope of trial is limited to the above guilty part.

2. Summary of grounds for appeal;

A. Defendant 1) There was no criminal intent to acquire by deception against the Defendant at the time of mistake of facts. 2) The lower court’s sentence of unreasonable sentencing (a fine of KRW 6 million) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

3. Determination

A. The court below rejected the Defendant’s assertion of mistake of facts as alleged in this part of the grounds of appeal, and the court below rejected the Defendant’s assertion in detail on the part of “a summary of evidence” in the judgment.

In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding the facts as alleged by the defendant, which affected the conclusion of the judgment.

Therefore, the defendant's above mistake of facts is without merit.

B. In full view of the grounds for sentencing indicated in the record of the instant case’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various grounds for sentencing alleged by the Defendant and the prosecutor, and no special circumstance exists to the extent that the lower court’

Therefore, the defendant and prosecutor's above assertion of unfair sentencing is without merit.

4. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all the appeals filed by the Defendant and the prosecutor are without merit

참조조문

-근로기준법

-형사소송법 제364조 제4항

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