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(영문) 부산지방법원 2016.04.08 2015노2288
근로자퇴직급여보장법위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the reasons for appeal is that each sentence (the first sentence: the fine of KRW 500,000, the second sentence: the fine of KRW 800,000, the fine of KRW 800) declared by the court below is too unreasonable.

2. This court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. On the other hand, each of the offenses against the defendant in the judgment of the court of first instance is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, each of the judgment of the court below cannot be exempted from all reversal.

3. If so, the judgment of the court below is reversed ex officio. Thus, without examining the defendant's unfair argument of sentencing, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is the first head of the “criminal facts” column of the sentence 1 of the judgment of the court below, and the judgment on July 24, 2015, which became final and conclusive on January 16, 2015 by the Defendant, who was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Busan District Court on January 16, 2015.

“A previous conviction in the judgment of the court below” and “a summary of the evidence” column of “a summary of the two pages” are as stated in each corresponding column of the court below, except for adding “a copy of the search of the Komnet case, each of the rulings (Supreme Court Decision 2014No. 8551 and No. 2015No. 4144) and each of the rulings (Supreme Court Decision 2015Do9144)” to “a copy of the judgment of the court below: this shall be cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 44 subparagraph 1, Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers (a point of not paying retirement benefits), Article 260 (1) of the Criminal Act (a point of violence), and the choice of fines, respectively;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes, provided that the first part of Article 39 (1) has become final and conclusive.

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