근로기준법위반등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. The lower court, within the scope of this Court’s trial, dismissed the prosecution against the Defendant on the violation of the Labor Standards Act due to the worker D and E’s non-payment of wages, and sentenced the Defendant to the remainder of the charges.
However, since the defendant and the prosecutor appealed against the conviction part of the judgment of the court below, and all the defendant and the prosecutor did not appeal against the dismissal part of the prosecution, the dismissal part of the judgment of the court below becomes final and conclusive separately, and only the guilty part is subject to the judgment of the
2. The summary of the grounds for appeal (one-year imprisonment) of the lower court is too heavy or unreasonable.
3. The number of employees who did not receive wages and retirement allowances exceeds 130 persons, and the amount of overdue wages exceeds 6.2 million won, the amount of overdue wages exceeds 6.2 million won, the transfer of the amount of money equivalent to 400 million won from the original office to the personal account, and the repayment of the personal debt, and the escape from overseas, and the damaged workers are deemed to have suffered economic and psychological pain due to the delayed payment of the wages in this case, and some workers want to be punished against the defendant against the disadvantage of the defendant.
However, in full view of the fact that the defendant acknowledges and reflects all of his own criminal acts, the fact that there is room for consideration in the process of the failure to repay due to the depression of the shipbuilding competition, the fact that there is a consensus with 41 workers in the trial at the same time, the fact that there is no history of punishment exceeding the previous criminal records and fines, the fact that the original office has suspended payment, the amount of the previous advance payment, approximately KRW 155 million, the estimated substitute payment, and KRW 270 million,000,000,000,000, which are expected to be used for the payment of overdue wages, etc., and other various sentencing conditions as shown in the arguments at the present case, such as the defendant's age, sex, family environment, motive and background of the crime, the means and consequence of the crime, the circumstances before and after the crime, etc., the punishment sentenced by the court below