logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.12 2016노558
근로기준법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the court below (No. 1: imprisonment of April and No. 2: imprisonment of the court below) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

This Court held that the appeal against the defendant against the first and second judgment was consolidated and tried, and that each of the concurrent trials of the court below is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and thus, it should be sentenced to a single sentence within the scope of the term of punishment, which is subject to aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Dao-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows: "The defendant was sentenced to one year and six months from September 11, 2015 to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Suwon District Court Support on September 11, 2015, and the judgment became final and conclusive on May 12, 2016." The summary of the evidence of the judgment of the court of first instance is the same as each corresponding column of the judgment of the court of first instance except for addition of "1.........................

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 E of the Criminal Code of Trade and Trade.

arrow