근로기준법위반등
The defendant's appeal is dismissed.
1. The decision of the court below (6 months of imprisonment and 2 years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.
2. The facts that the Defendant recognized the instant crime and reflected against the Defendant, and that most of the unpaid wages and retirement allowances were paid to employees as substitute payments or dividends are favorable circumstances.
However, in full view of all the sentencing conditions indicated in the records and arguments, the lower court’s sentence is without merit and is not unfair, and the above assertion by the Defendant is without merit. In so doing, the lower court did not err by failing to exhaust any particular change in the sentencing conditions compared to the lower court.
3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench (Provided, That the “Labor Standards Act” of the third-party 6 of the Criminal Procedure Act is a clerical error in the “former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017). Therefore, the Defendant’s appeal is correct ex officio in accordance with Article 25 of the Rules on Criminal Procedure.