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(영문) 수원지방법원 2013.07.10 2013노2290
근로기준법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. In light of all the sentencing conditions stated in the records and arguments of this case, including the defendant's age, character and conduct, and the circumstances that the defendant could have been tried together with his previous convictions, although the amount of wages in arrears and the number of his employees did not reach the judgment of unfair sentencing, the defendant is against the defendant, most of the overdue wages and retirement allowances would have been paid up to the trial court, and the defendant's circumstance that the defendant delayed payment of wages and retirement allowances, and other circumstances, such as the defendant's age, character and conduct, and the fact that the defendant could have been tried together with his previous convictions in the original judgment

2. 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 reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 36 of the said Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances in the above 1.1.);

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