근로기준법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The sentence of the lower court (the fine of KRW 500,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.
2. In full view of the following factors: (a) the Defendant’s judgment on the grounds for appeal of this case recognized the instant crime and divided in depth; (b) the Defendant’s unpaid wages are relatively small; and (c) the Defendant’s full payment of the unpaid wages to the victim in the trial and agreed that the victim does not want the Defendant’s punishment; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (b) the various sentencing conditions specified in the records of this case, such as the circumstances after the commission of the crime, are too unreasonable, and thus, the Defendant’
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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 criminal facts and Articles 109 (1) and 36 of the same Act;
1. Penalty fine of 500,000 won to be suspended;
1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;
1. Article 59 (1) of the Criminal Act (Consideration favorable circumstances in front);