(영문) 수원지방법원 2018.01.24 2017노1272 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.01.24 2017노1272

근로자퇴직급여보장법위반등

Text

Of the judgment of the court of first instance, the convictions against the defendant and the judgment of the court of first instance shall be reversed in entirety.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, although the Defendant made best efforts to pay wages and retirement allowances, there was an inevitable circumstance that could not be paid within the payment due to aggravation of financial conditions due to poor management conditions, etc., and, as the Defendant clearly presented the former plan to pay wages and retirement allowances in arrears and agreed with employees in good faith, there is a reason to reject the instant liability for unpaid wages and retirement allowances.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles.

B. The sentence of the lower court’s unfair sentencing (i.e., one year of suspended sentence for four months, (ii) a fine of 1.5 million won, and (iii) a fine of 5 million won) is too unreasonable.

2. Determination

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

The first, second, and third court rendered a judgment against the defendant after completing a separate hearing with the heading of 1025, 1386, 2494 and 2016 and fixed 526 and fixed 714, respectively. The appeal was filed against each of the above rulings, and the court of the first, second, and third court decided to concurrently examine the above appeals. Since the crimes of the first, second, and third court against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence should be imposed within the scope of punishment imposed for concurrent crimes under Article 38(1) of the Criminal Act, the judgment of the court below against the defendant (the court of the first instance against the defendant shall be exempted from all of the appeals) was reversed in this respect.

Although there is such a ground for ex officio reversal, the defendant's assertion of misunderstanding of the above legal principles is still subject to the judgment of this court, so it will be examined.

B. misunderstanding of legal principles

참조조문

-형법 제38조 제1항

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