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Reasons
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(영문) 창원지방법원 2019.03.27 2018노2458
근로기준법위반등
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The judgment of the court below is reversed.

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

The defendant does not pay a fine.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court is too unreasonable.

2. The fact that the defendant did not pay a certain amount to the victimized worker is disadvantageous to the defendant.

On the other hand, it is against the defendant's recognition of the crime of this case, and the crime of this case occurred due to difficulties in the operation of the company operated by the defendant, and the fact that the damaged worker was partly paid out of KRW 13,280,252 during the public auction procedure for real estate owned by the company operated by the defendant after the judgment of the court of first instance after the judgment of the court of first instance, is favorable to the defendant.

Considering such circumstances as the family relation, age, character and conduct, career, environment, the circumstances and result of the instant crime, various sentencing conditions as shown in the instant argument, including the circumstances after the crime, the sentence imposed by the lower court is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court 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 former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which is not paid as retirement allowances) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(2) shall be taken into consideration.

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