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(영문) 의정부지방법원 2017.05.24 2016노2376
근로기준법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unfair because the punishment (amounting to 300,000 won) imposed by the court below is too unreasonable.

2. The crime of this case is deemed to have not been paid wages to retired workers for five and nine years at the managing company. However, although the amount of delayed payment (30 million won) is a large amount, the defendant's mistake is recognized and closely reflects the defendant, 1.3 million won prior to the prosecution of this case by the crime of this case, 1.7 million won at the original court, and paid the overdue wages at the original court, and accordingly, the defendant expressed his intention that the above employee would not be punished against the defendant at the time of the trial, and the above employee would not want to do so, taking full account of the defendant's age, criminal history, sex, sex, environment, circumstances after the crime, etc., and other various sentencing conditions specified in the records and arguments, the defendant's above assertion by the defendant is reasonable, since the court below's punishment against the defendant is without merit.

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.

[Grounds for the judgment below] The summary of facts constituting an offense and evidence recognized by the court below and the summary of the evidence are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where "from November 11, 2009 to November 1, 2009" as stated in the judgment of the court below as "from November 1, 2009 to "the facts constituting an offense and the summary of evidence."

Application of Statutes

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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

1. Article 59 (1) of the Criminal Act (the punishment to be deferred: fine of 300,000 won, the amount to be returned per day: 100,000 won, the grounds for postponement: Consideration in favor of the defendant among the judgment on the grounds for postponement of appeal as seen earlier);

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