근로기준법위반
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for four months.
provided that this ruling has become final and conclusive.
1. The lower court dismissed each of the charges against the violation of the Labor Standards Act in relation to C, D, E, F, G, AG, I, J, K, L, M, N,O, P, and Q among the charges of this case, and convicted the remainder.
However, since only the defendant appealed, and the prosecutor did not appeal, the dismissed part of the judgment of the court below was separated and finalized as both parties did not appeal, and only the remaining guilty part is subject to the judgment of this court.
2. The summary of the grounds for appeal by the defense counsel is unreasonable because the lower court’s sentence that sentenced one year to a suspended sentence of six months is too unreasonable in light of the following: (a) the Defendant confessions all the facts charged in the instant case as well as reflects his depth on his mistake; and (b) the Defendant is aged.
3. Prior to the judgment on the argument on the grounds of appeal of unfair sentencing in an ex officio judgment, the Prosecutor’s violation of the Act on the Guarantee of Workers’ Retirement Benefits by examining the Defendant’s grounds of appeal of unfair sentencing ex officio, and the applicable provisions of the Acts add “Articles 31 and 9 of the former Guarantee of Workers’ Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201; hereinafter the same shall apply)” to the applicable provisions of the Acts, respectively, and applied for permission to change the contents of the facts charged, and the party members permitted to change the contents of the facts charged and changed the subject of the judgment on
In addition, as to the violation of the Labor Standards Act against T, E, and AF among the facts charged in the instant case, and the violation of the Act on the Guarantee of Workers' Retirement Benefits, Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act (the former Act was amended by Act No. 10967, Jul. 25, 201; and the new Act, which was enforced from July 26, 2012, was newly established, Article 36 of the Labor Standards Act, which is favorable to the Defendant, is applied).