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(영문) 부산지방법원 2015.08.19 2014노4422
근로자퇴직급여보장법위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) As to each of the facts stated in the judgment of the court below, the defendant can offset retirement allowance against D and C apartment management fee 1,422,31 won that D embezzled, and dismissal of the defendant D due to justifiable grounds. Thus, the court below's judgment that found the defendant guilty of all of the facts charged was erroneous in the misapprehension of facts and affected the conclusion of the judgment. The first instance court's decision that found the defendant guilty of all of the facts charged was erroneous, and each of the above notices posted by the defendant as to each of the facts stated in the judgment of the court below 2. Each of the above notices was for the purpose of the public interest to inform residents of the embezzlement of management expenses of D and illegal acts related thereto, and thus, its illegality was dismissed in accordance with Article 310 of the Criminal Act. The second court's judgment that found the defendant guilty of this part of the facts charged was erroneous and adversely affected the judgment.

B. Each sentence (the first instance court: the fine of KRW 500,000, and the second instance court: the fine of KRW 3 million) imposed by each court below on the defendant is too unreasonable.

2. This Court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. Meanwhile, each of the offenses against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment, pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first instance cannot be exempted from reversal.

However, even if there is a reason to reverse ex officio, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined in paragraph (3) below.

3. Judgment on the defendant's assertion of mistake of facts

A. Wages for workers on each of the criminal facts stated in the judgment below as stated in the judgment of the court below are directly paid.

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