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(영문) 제주지방법원 2020.08.13 2019노682
근로기준법위반
Text

The judgment of the court below is reversed.

Imprisonment with prison labor for each of the crimes listed in [Attachment 1] through 5] in the table of crime committed against the Defendant.

Reasons

1. The summary of the grounds for appeal (a fine of one million won and four million won) declared by the court below is too unhued and unreasonable.

2. It is recognized that the defendant's decision on the grounds of appeal recognized his mistake, and in the case of each of the crimes listed in the annexed list Nos. 1 through 5 of the crime list in the judgment, the punishment should be determined in consideration of the balance between the crimes of violation of the Road Traffic Act (driving) for which the judgment becomes final and conclusive and the crimes of violation of the Road Traffic Act

However, in full view of the following: (a) the scale of the overdue wages in this case is considerably large; (b) the overdue wages in this case have not been paid until now; (c) the Defendant appears to have failed to make efforts to pay the overdue wages; (d) the Defendant re-offending despite having been punished several times of a fine due to the violation of the Labor Standards Act; and (e) the crimes committed during the suspension period of execution due to the crime in the attached Table 6 or 16, and other various sentencing conditions in this case, including the Defendant’s age, character and conduct, motive and manner of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is too

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

【Reason used in multi-level] Criminal facts and summary of evidence recognized by this court, and summary of evidence, other than deletion of the “1....... recorded” recorded in the second sentence of Article 3 of the judgment of the court below, are the same as the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Attached Nos. 1 through 5 of the crime sight table as indicated in the judgment: Each of the former Labor Standards Act shall be amended by Act No. 15108, Nov. 28, 2017.

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