logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.26 2017노3026
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

(a) the damaged worker F recognized by the first instance court of fact-misunderstanding is not an employee employed by the Defendant’s workplace;

B. Sentencing 1 Sentencing 200,000,000,000 won, which is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the fact that F is an employee employed by the Defendant’s workplace is sufficiently recognized according to the statements in the first instance court of F and G, and the investigation report (Attachment of related civil litigation rulings).

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

B. In the instant case where there is no change in the conditions of sentencing that would be specifically considered when regarding the unfair argument of sentencing in the appellate trial, the first instance court’s determination is difficult to view that the first instance judgment is unfair because the Defendant’s age, sexual conduct, environment, health conditions, family relationship, motive, means, and consequence of the crime, etc. are too away from the scope of discretion, in full view of the various circumstances indicated in the column for “reasons of sentencing.”

Therefore, the defendant's improper assertion of sentencing is not accepted.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow