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(영문) 광주지방법원 2016.07.13 2015노3354
근로기준법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. The Defendant’s judgment is an unfavorable condition, such as that he/she had been punished six times for the same crime from 2009 to 2014.

On the other hand, the fact that the defendant recognized his mistake and reflected, and that the victims do not want punishment against the defendant by mutual consent with the victims is favorable.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the punishment of the defendant sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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