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(영문) 인천지방법원 2018.07.27 2018노1590
근로기준법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The amount of wages and retirement allowances that the defendant has not paid to workers is a substantial amount, and he did not agree with the worker E;

However, wages, etc. are deemed not to have been paid because the management of the business place of the defendant was difficult, and it appears that the defendant made efforts to pay insufficient amounts or horse wages to workers after the crime of this case, and when considering comprehensively the sentencing conditions indicated in the record, such as the defendant's age, sexual behavior, environment, background of the crime, circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence against the defendant recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1), Article 43 of the Act on the Standards of Selective Labor for Criminal Facts, and Articles 109 (1), 43 of the Labor Standards Act (the fact that wages are not paid to workers in the second position), Article 109 (1), and 36 of the Labor Standards Act (the fact that wages are not paid), Article 110 subparagraph 1, and Article 26 of the Labor Standards Act (the fact that wages are not paid in advance of dismissal), Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (the fact that wages are not paid in advance of retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. As to the grounds for reversal of sentencing in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes, the punishment as ordered shall be determined by taking into account the various factors of sentencing in the preceding sentence of the reasons for reversal of sentencing.

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