근로기준법위반등
The judgment of the court below is reversed.
The punishment of the accused shall be four months by imprisonment.
except that from the date of this judgment.
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. In applying the statutes, the lower court, while recognizing the commercial concurrence between the violation of the Labor Standards Act and the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits, but again aggravated concurrent crimes under the former part of Article 37, Article 38 Subparag. 2, and Article 50 of the Criminal Act.
Therefore, since the court below erred by applying the law, the judgment below cannot be maintained as it is.
3. Thus, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence is that the instant case was prosecuted on June 10, 2016, and the sentencing guidelines for violations of the Labor Standards Act applicable to cases charged after July 1, 2016 do not apply.
The contents and results of each of the instant crimes, the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, etc., shall be comprehensively considered, and the sentencing conditions indicated in the instant records and arguments shall be determined as ordered.