근로기준법위반등
The defendant's appeal is dismissed.
1. In light of various circumstances, such as the delay in payment of wages to workers due to the wind to arbitrarily change the password of the head of the Tong at the D childcare center by the Defendant and the dispute over the management right, the punishment of the lower court is too unreasonable.
2. Even if the Defendant and H, etc. who were in the process of management dispute, arbitrarily changed the password of the passbook of the D childcare center and caused the Defendant to delay wages, etc. to workers.
Even if such circumstance alone is insufficient to deem that the liability for violation of the Labor Standards Act due to delayed payment of wages is mitigated, and the amount of the Defendant’s delayed wage reaches KRW 10 million, etc. is not large; the Defendant’s agreement with the workers up to the trial; the Defendant did not recover from damage; there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the judgment of the lower court was rendered; and other various sentencing conditions that are shown in the records and arguments, such as the Defendant’s age and behavior environment; and the circumstances before and after the crime, etc., are considered to be too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.