사기등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this judgment.
1. In the instant facts charged, the lower court dismissed the prosecution against the following facts: “The violation of the Labor Standards Act against Workers B, C, D, E, F, G, H, I, and J and the Act on Guarantee of Workers’ Retirement Benefits; the violation of the Labor Standards Act against Workers K, L, M, and N; workers’O, P, Q, R, and S against the Act on Guarantee of Workers’ Retirement Benefits; and convicted the remainder of the facts charged.
However, only the Defendant filed an appeal against the conviction portion, and the dismissal portion of the public prosecution was not appealed by both the prosecutor and the Defendant. As such, the dismissal portion of the public prosecution in the judgment below was separated and finalized as it is, and excluded from the scope
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.
3. Prior to the judgment on the grounds for appeal of ex officio determination, the prosecutor tried to examine ex officio prior to the judgment on the grounds for appeal of ex officio, and the part on the criminal records of each charges in the judgment of the court below that "the defendant was sentenced on August 22, 2019 to a two-year suspended sentence of imprisonment with prison labor for one year in the horizontal Housing Site District Court, which became final and conclusive on August 30, 2019," and the above judgment was changed to the subject of the judgment by this court upon permission. Thus, the judgment of the court below was no longer maintained.
4. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, except for the dismissal or addition of some of the facts constituting an offense and the summary of evidence recognized by the court below as follows. Thus, they are cited as it is in accordance with
The judgment below
The criminal facts of the case in 2018 Godan1320 are the same.