근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The punishment of the lower court (a fine of 4 million won) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. In full view of the favorable circumstances, such as the fact that the sum of the wages and retirement allowances, etc. for which the defendant did not pay, exceeds KRW 76,500,000,000, which are disadvantageous to the defendant, the defendant is led to confession and reflects by the defendant, and there is no record of criminal punishment other than a single fine. In full view of the favorable circumstances, such as the payment of unpaid wages and retirement allowances, etc. in the trial, the defendant's age, character and behavior, environment, motive of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable.
Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.
3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading.
(A) Although an appeal by a prosecutor is without merit, the appeal by a prosecutor shall not be dismissed separately from the disposition of the court, unless the decision of the court below is accepted by the defendant and the decision of the court below is reversed). (The reason why the decision is multiple) The summary of facts constituting an offense and evidence recognized by the court is the same as the entry in the corresponding column of the judgment of the court below
Application of Statutes
1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201); Article 44 Subparag. 2 and Article 20(5) of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 2017);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Aggravation for concurrent crimes;