근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.
2. Unfavorable circumstances: The victim acquired a certain amount of KRW 80 million from the victim D by taking advantage of a friendly relationship.
On February 10, 2019, the Defendant did not pay the instant car page at all to I, even though he/she disposed of the instant car page of KRW 60 million.
Up to now, the amount of damages which has not been recovered has reached about 38 million won.
The victim continues to be punished for severe punishment against the defendant.
A favorable circumstances: It is true that one does not commit a crime and do not repeat a crime in the first instance.
The Defendant and the victim had a continuous monetary transaction relationship, but the Defendant repaid the principal and interest thereof before the instant case was transferred.
As seen earlier, part of the damage suffered by the victim was restored.
There is no record of being punished by the same crime or fine or more.
Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances leading up to the instant crime and circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. Prior to the reason for sentencing under Article 62(1) of the Criminal Act, the overall circumstances as seen above were considered.