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(영문) 부산지방법원 2019.07.12 2019노132
근로기준법위반등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall be imposed on the defendant.

Reasons

1. The lower court rendered a judgment dismissing the prosecution against the violation of the respective Labor Standards Act against B, C, D, E, and F among the facts charged in the instant case and the violation of the Guarantee of Workers' Retirement Benefits Act, and convicted the remainder of the facts charged.

However, the defendant filed an appeal against the guilty portion, and since all the defendant and the prosecutor dismissed the public prosecution, the dismissal part of the above public prosecution becomes final and conclusive as is, the scope of this court's judgment is limited to the guilty part of the judgment below.

2. The summary of the grounds for appeal (e.g., a fine of 6 million won) is too unreasonable.

3. According to evidence duly adopted and examined by this court, the Defendant was sentenced to eight months of imprisonment with labor for occupational embezzlement in the Busan District Court on December 21, 2018, and the judgment became final and conclusive on December 29, 2018.

Since each crime of the lower court and the crime of occupational embezzlement for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment for each crime of the lower court shall be imposed in consideration of equity and equity in cases where the judgment is concurrently rendered pursuant to the former part of Article 39(1) of the Criminal Act. Therefore, the guilty part of

4. The guilty part of the lower judgment is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed and further decided as follows.

【The reason for the judgment in Dao-written] A summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are added to the first head of the facts constituting the crime of the judgment of the court below and the judgment became final and conclusive on December 29, 2018, by adding "the defendant was sentenced to eight months of imprisonment for the crime of occupational embezzlement at the Busan District Court on December 21, 2018."

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