근로기준법위반
The judgment below
The defendant's appeal against the conviction shall be dismissed.
The costs of the trial by the court below and the party shall be the defendant.
1. The summary of the grounds for appeal is that the guilty part of the judgment of the court below is a mistake of fact, which affected the conclusion of the judgment.
In addition, the sentence prescribed by the court of the court below (one year of suspended sentence of 4 months) is too unreasonable.
2. Examining the instant case based on the evidence duly adopted and examined as to the assertion of mistake of facts, there is sufficient proof by the prosecutor.
It is just and just that the court of the court below found the defendant guilty of the facts charged in this case as stated in its holding.
The defendant's assertion that there was a mistake of facts affecting the judgment of the court below is not accepted.
The defendant's liability of the defendant who has been in arrears with the wages of many workers for a long period of time is not against the wrong argument of sentencing.
The defendant has no record of crime, a considerable number of workers do not want to punish the defendant, so the prosecution was dismissed, and the defendant was found not guilty in bad faith.
It is also difficult to readily conclude.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.
3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is right that the defendant bears the cost of lawsuit at the original instance and the party’s deliberation.
It is the cost of the witness.
The cost of lawsuit shall be borne.