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(영문) 서울중앙지방법원 2019.10.18 2019노1311
근로자퇴직급여보장법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On May 16, 2019, the Defendant did not submit a statement of grounds for appeal even when he/she received a written notification of the receipt of the trial record from this court on May 16, 2019, and the petition of appeal does not contain any indication in the grounds for appeal, and even upon examining records, there is no ground for reversal of the judgment

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (e.g., 1 million won of fine and 1 year of suspended execution) of the lower court’s punishment (e.g., 1 million won of fine) is too uneased and unreasonable.

B. The amount of the retirement allowance in arrears is a large amount.

The defendant did not endeavor to recover damage for a long time by asserting set-off against damage liability.

However, the defendant recognizes and reflects the crime.

It is the first crime.

The victim also committed a tort against the user by neglecting trust relationship for a long period of time.

The judgment below

Since then, the defendant paid 5 million won to the victim, and the sentencing conditions were changed favorably to the defendant.

In full view of all other circumstances that are the conditions for sentencing as shown in the records and arguments of this case, the lower court’s sentence against the Defendant is deemed unreasonable as it is too uneasible.

3. In conclusion, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act because it has no reason, the defendant's appeal shall not be separately dismissed, and all appeals filed by the defendant and the prosecutor shall be dismissed by decision en bloc. It is so decided

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