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(영문) 서울중앙지방법원 2018.04.27 2018노266
근로기준법위반등
Text

The judgment below

Nos. 1 and 2- of the holding

B. To reverse the part concerning the crime.

Nos. 1 and 2-b. of the judgment of the defendant.

Reasons

Summary of Reasons for Appeal (Law No. 1, 2-2 of the Judgment of the court below)

(b) Offenses: Imprisonment with prison labor for up to eight months, and No. 2-1;

(a)Offences: fine of 2 million won is too unreasonable;

Judgment

Articles 1 and 2-2 of the Judgment of the court below

B. 1, 2-2 of the judgment of the court below first on the part of the crime

B. In regard to the crime, it is acknowledged that the damaged employee is five persons, that the amount of the delayed payment of the defendant is about KRW 134 million, and that the defendant was punished once by the same crime as the previous case, and that the defendant was punished by a fine of the same kind in the previous case, but the defendant was sentenced to a suspended sentence of imprisonment with prison labor because he did not pay the total amount of 90 million won, the defendant is subject to a suspended sentence of imprisonment with prison labor. The defendant is considered as concurrent crimes under the latter part of Article 37 of the Criminal Act and Article 37 of the Criminal Act; the defendant is led to the confession of the crime of this case and the repayment of the damaged employee is made; the defendant is in the first and second of the judgment of the court below.

B. In full view of the Defendant’s age, sexual conduct, family relationship, record of the instant case, circumstance of the instant case, and the progress, etc., the sentence sentenced by the lower court is somewhat unreasonable and unfair, taking account of the following: (a) the agreement with two victimized workers (G, F, and overdue interest amounting to KRW 61,00,000) related to the crime.

2-2 of the Judgment of the court below

A. Part of the judgment of the court below as to the crime 2-

A. As to the part on the crime, considering the following facts: (a) although the damaged employee is deemed to have only one employee, and the amount in arrears of the Defendant is about 17 million won, the court below exceeded the reasonable scope of discretion by taking account of the fact that there is no change in circumstances, such as additional repayment of damages to the victimized employee after the court below, etc., such as the fact that there is no change in circumstances

It does not seem that it does not appear.

In the end, this part of the defendant's assertion is without merit.

Then, the judgment of the court below No. 2-

(a) The appeal by the defendant against the crime is without merit, and nos. 1 and 2-2 of the judgment;

(b) The appeal by the defendant against the crime shall be justified.

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