(영문) 대구지방법원 2019.10.10 2018노4567 | 리걸엔진

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(영문) 대구지방법원 2019.10.10 2018노4567

근로기준법위반등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that from the date of this judgment.

Reasons

1. The lower court rendered a judgment dismissing public prosecution against the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act against the victims B, C, and D among the facts charged in the instant case, and convicted the rest of the facts charged.

Since both the Defendant and the Prosecutor appealed on the guilty portion of the lower judgment, the dismissal of prosecution among the lower judgment was separated and determined, and it was excluded from the scope of the judgment in the trial.

2. Summary of grounds for appeal;

A. The punishment sentenced by the court below (two years of suspended sentence in October) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

3. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

Of the facts charged in the instant case, Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply) (amended by Act No. 15108, May 29, 2018; hereinafter the same shall apply) shall be applied to the violation of each of the Labor Standards Act. However, the lower court erred by applying Articles 109(1) and 36 of the current Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply), which is a corporation at the time of the act. However, the lower court’s judgment may no longer be maintained.

In a case where the facts constituting a crime acknowledged by the court are identical without difference in the facts charged, even if the prosecutor sought the application of the new law after the revision of the corporation at the time of trial, there is no concern that if the gravity of punishment is not different from that of the crime, it would substantially disadvantage the defendant's exercise of his/her right to defense, and thus, it

(See Supreme Court Decision 2000Do3350 delivered on April 12, 2002).

참조조문

참조판례

-대법원 2002. 4. 12. 선고 2000도3350 판결

유사 판례

-대구지방법원 2019.10.10 2019노2302

-춘천지방법원 2016.10.27 2015노883

-제주지방법원 2019.01.10 2018노693

-청주지방법원 2019.05.09 2018노752

-대구지방법원 2019.11.07 2018노4478