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(영문) 서울동부지방법원 2021.02.04 2020노426
근로기준법위반
Text

The judgment of the court below of first instance and the judgment of the court of second instance shall be reversed, respectively.

A defendant shall be punished by a fine of five million won.

Reasons

The judgment of the court below No. 2, the scope of the trial for the original case, in the facts charged, dismissed all the prosecutions pertaining to the violation of each labor standard law against G, AA, J, AB, and AC [the part concerning crime sight table], and convicted the remainder except the dismissed part of the above prosecutions.

In this regard, only the Defendant appealed against the conviction part, and all the Defendant and the Prosecutor did not appeal against the dismissal part of the indictment. Therefore, the dismissal part of the judgment of the court below of the second instance was separated and finalized as it is.

Therefore, the scope of the judgment of this court is to refer to the part of the judgment of the court of second instance (the part which the court below found guilty of the defendant, hereinafter referred to as the above guilty part) except the dismissed part of the above indictment.

- Section 1 is limited to the original decision.

The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence of the lower court (the first judgment: the fine of KRW 4 million; the second judgment: the imprisonment of KRW 6 months; the suspended sentence of two years) is too unreasonable.

3. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The defendant filed an appeal against both the judgment of the court of first instance and the judgment of the court of second instance, and the court of the first instance decided to jointly examine each of the above appeal cases. As long as each of the judgment of the court below against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, one punishment shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, each of the judgment of the court below cannot be maintained as it is.

Therefore, the judgment of each court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of each court below is reversed, and it is again decided as follows after pleading.

【Criminal facts and the summary of evidence admitted by the court, which have been used again as to the reversed portion】 The summary of the facts constituting an offense and the evidence.

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