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(영문) 수원지방법원 2017.09.29 2017노2326
근로기준법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The reasoning for appeal is that the lower court’s punishment (1.5 million won in penalty) is too unreasonable.

2. In full view of all the sentencing conditions, including the Defendant’s age, sexual conduct, motive for a crime, frequency of a crime, method of a crime, circumstance after a crime, etc., the lower court’s punishment is too unreasonable, and thus, is too unreasonable in light of the following circumstances: (a) the Defendant received a substitute payment as a substitute payment; (b) the Defendant paid part of the substitute payment to the Labor Welfare Corporation; and (c) the Defendant was punished for the same kind of crime; and (d) the Defendant has paid the delayed payment for a considerable period of time; and (c) the Defendant’s age, sexual conduct

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.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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