산업안전보건법위반등
The judgment below
The guilty portion against the defendant shall be reversed.
Defendant shall be sentenced to one year of imprisonment and a fine of KRW 1,00,000.
1. Of the facts charged against the Defendant, the lower court dismissed the Defendant’s prosecution against the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act due to the violation of the duty to liquidate money and valuables against Workers H, I, J, K, K, M, M, N,O, P, Q, Q, R, T, U,V, W, X, Y, Z, AA, AB, AB, and AE, and the violation of the Labor Standards Act due to the payment of wages to AD and AE. The lower court convicted the Defendant of the remainder.
However, since only the defendant appealed against the conviction of the judgment below, and both the defendant and the prosecutor did not appeal against the dismissal part of the prosecution, the dismissal part of the judgment below becomes final and conclusive separately, and only the guilty part is subject to the judgment of this court.
2. The sentence of the lower court (one year and six months of imprisonment, and three years of suspended execution) on the gist of the grounds of appeal is too unreasonable.
3. In full view of the circumstances unfavorable to the Defendant, including the fact that the wages and retirement allowances in arrears are in excess of KRW 460 million, and that the Defendant was subject to four times of a fine due to a violation of the same kind of labor standard law, etc. However, in the trial process of the instant case, the Defendant paid the retirement allowances to the Defendant, and there was an additional agreement with eight workers in the trial process of the instant case, and the employees received approximately KRW 136 million as substitute payment, KRW 153 million as substitute payment, KRW 153 million as substitute payment, and KRW 153 million as in the distribution procedure of the Ulsan District Court BX auction case of the Ulsan District Court BX real estate, there was no history of punishment, and other factors of punishment as stated in the argument of the instant case, such as the Defendant’s age, sex, family environment, motive and background of the crime, the means and consequence of the crime, and the circumstances before and after the crime, it is recognized that the punishment imposed by the lower court is unreasonable by lack
4. As such, the defendant's appeal is reasonable, and the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The Court shall have jurisdiction over the summary of the evidence and evidence.