근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too heavy or (the Defendant) is deemed unreasonable.
2. The instant crime committed by the lower court, although the delayed payment of wages, etc. for workers amounting to KRW 160 million, has a lot of damage to the employees, the Defendant was in depthed with the initial offender. Since the establishment of the instant corporation in 190, the Defendant had been in a sincere manner since its establishment, and there is room to consider the circumstances leading up to the instant crime even though it had been difficult to operate the said corporation, and the Defendant had experienced financial pressure, and agreed with H, I, and F among the employees after the issuance of the lower judgment, in full view of all the sentencing conditions indicated in the instant records and arguments, the sentence imposed by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
However, the prosecutor’s assertion of unfair sentencing is without merit, but the decision of the court below is reversed by accepting the defendant’s assertion of unfair sentencing, and thus, it is not stated separately in the disposition). The summary of criminal facts and evidence and summary of evidence are the same as stated in each corresponding column of the judgment of the court below, and thus, they are cited under Article 3
Application of Statutes
1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts; Articles 31 and 9 of the former Guarantee of Workers’ Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) (amended by Act No. 10967, Jul. 25, 201); and the choice of each fine for negligence
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;