(영문) 서울중앙지방법원 2015.05.15 2015노478

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.05.15 2015노478

근로기준법위반등

Text

The judgment of the first instance is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts E failed to provide actual labor from August 15, 2012 to May 31, 2013, the wage claim and retirement allowance claim premised on the provision of actual labor for the above period cannot be exercised against the Defendant.

B. The first instance sentencing (one million won of fine) on the accused is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the first instance court as to the assertion of mistake of fact, and the reasons for the judgment of the first instance court and the reasons for the appeal of the defendant are closely compared with the reasons for the appeal of the defendant. The defendant, even in the first instance court, at the same time, rejected the above assertion by the first instance court, stating in detail the purport of the defendant's argument and the decision about the same reasons for the appeal, following the application of the law. The decision of the first instance court is just and there is no error of law that affected the judgment by

Therefore, the defendant's assertion of mistake is without merit.

B. In full view of the following circumstances: (a) the Defendant deposited KRW 21 million in E in the future; (b) the Defendant adjusted to pay the above deposit KRW 10 million in the case of E and civil cases; (c) the Defendant failed to provide the Defendant with labor to the same extent as before and after the surgery; (d) the Defendant did not have been punished once by a fine in 190; and (e) other circumstances that form the conditions of sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the sentencing of the first instance court against the Defendant is deemed unfair, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered through pleading

Criminal facts

The summary of this and the facts charged by the court and the summary of the evidence are as follows.

참조조문

-형사소송법 제364조 제6항

유사 판례

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