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(영문) 의정부지방법원 2016.05.12 2016노614
근로기준법위반등
Text

The judgment below

The guilty portion shall be reversed.

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

Reasons

1. The lower court found the Defendant guilty of violating the respective labor standards for victims Q2, K, L, M, N,O, P, R, and S among the facts charged in the instant case, and of violating the Guarantee of Workers' Retirement Benefits for Victims K, L, M, N,O, P, and R, and the “U” in the disposition of the lower court is deemed to be a clerical error in the “E”.

The judgment dismissing each public prosecution against F, G, and H on the violation of the Labor Standards Act and the retirement benefit security payment for workers was pronounced. Since only the Defendant appealed the conviction part and the part dismissing the public prosecution for which the Defendant and the Prosecutor did not appeal, the scope of the judgment of this court is limited to the violation of the Labor Standards Act and the violation of the Workers' Retirement Benefit Security Act which the lower court found the Defendant guilty.

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

3. It is recognized that the Defendant, after committing the instant crime, escaped to a foreign country for about one year and nine months after committing the instant crime, and that the victims did not agree with the victims so that they would be recovered from the trial even if the amount of damage suffered is not small.

However, the defendant deposited KRW 20 million in the name of the victims for the victims in the past, and it seems that part of the damage was recovered due to the payment of substitute payment under the Guarantee of Wage Claim Act.

Defendant has no record of punishment in the Republic of Korea.

Some victims seem to have been employed by T companies which have succeeded to a considerable portion of the business of JJ as the representative director.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's assertion.

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