(영문) 서울북부지방법원 2018.11.02 2018노735

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(영문) 서울북부지방법원 2018.11.02 2018노735

근로기준법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (No. 5,00,000 won) is too unreasonable.

2. We examine ex officio prior to the judgment on the defendant's improper argument of sentencing.

According to the Part I (Seoul Northern District Court Decision 2018 Godan54), and Part I of the document verifying the date of confirmation, the defendant was sentenced to imprisonment with prison labor for four months and one year of suspension of execution on April 12, 2018 by this court on April 12, 2018, and the above judgment became final and conclusive on April 20, 2018 following the decision of the court below. Thus, each crime of the judgment of the court below against the defendant and the above violation of the Labor Standards Act, which became final and conclusive on April 20, 2018, are concurrent crimes under Article 37 of the Criminal Act and the crime of violation of the above Labor Standards Act, which became final and conclusive on April 20, 2018, shall be sentenced to punishment for each crime of the court below's decision in consideration of equity in cases where

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

【Judgment rendered in Seoul Northern District Court on April 12, 2018, sentenced the Defendant to four months of imprisonment with prison labor and one year of suspended execution on April 2018, and became final and conclusive on April 20, 2018.

In addition to adding “1. Criminal Records”, “one copy of the judgment (Seoul Northern District Court 2018 High Court 2018 High Court 54), and one copy of the confirmation document of the date of confirmation,” at the end of the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the former Labor Standards Act regarding criminal facts (amended by Act No. 15108, Nov. 28, 2017).

참조조문

-형법 제39조 제1항

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