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(영문) 울산지방법원 2020.07.23 2019노1261
근로기준법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The main sentence of the grounds for appeal is too unreasonable.

2. The number of employees who did not receive money and valuables from the Defendant, and the amount of the money and valuables in arrears is also significant, which is disadvantageous to the Defendant.

However, in light of the fact that the defendant shows an attitude against the defendant recognizing the crime of this case, the defendant has been making efforts to recover damage, such as agreement with some workers, the circumstance of overdue payment of wages, the details of the business operated by the defendant and the profit-making structure, etc., the defendant does not seem to be an active crime for concealing property; the defendant has no criminal record of the same kind; the defendant has to support three children after the divorce; the defendant's family members and employees want to support the three children; the defendant's family members and employees want to take priority over others; and other various sentencing conditions as shown in the argument of this case, including the defendant's age, character and behavior, occupation, family relationship, motive, means and result of the crime, etc., it is recognized that the punishment of the court below is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) (amended by Act No. 15108, Nov. 28, 201);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of conditions favorable to the defendant in the front);

1. The reasons for reversal of sentencing under Article 62-2 of the Social Service Order Criminal Act and all of the conditions of sentencing recorded in the records shall be considered as ordered.

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