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(영문) 의정부지방법원 2014.07.25 2013노2456
근로기준법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by each of the judgment below in the summary of the grounds for appeal (Article 1: 2 years of suspended sentence for one year, community service, and Article 80 hours of suspended sentence for one year, and Article 2: Imprisonment for one year and six months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried ex officio prior to the judgment on the grounds for appeal of ex officio, and this Court tried by combining these cases with the Defendant’s appeal against each of the judgment below. Each of these crimes committed by the above Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be adjudicated simultaneously pursuant to Article 38 of the Criminal Act and sentenced to a single sentence. In this regard, each of the judgment below

3. Accordingly, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is so decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act, Article 4 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, each of the provisions concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act [the former part of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest penalty, concurrent crimes with the punishment provided for in the offense

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