근로기준법위반등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by six months of imprisonment.
(2) the date of this judgment.
The summary of the grounds for appeal (eight months of imprisonment) of the lower court is too unreasonable.
Judgment
The fact that the total amount of wages and retirement allowances in arrears of the defendant is large to KRW 70 million, and that all victims' overdue wages have not yet been paid is an unfavorable sentencing factor.
However, the fact that the defendant is able to pay all wages in arrears in response to the crime of this case, the defendant has reached an appellate trial with 24 of the 44 victims, and the defendant further agreed with 207,843,370 won in total in the auction proceedings against the defendant's hospital was paid to some victims, the payment of wages in arrears to the rest of the victims is expected to be paid in full while the defendant works in good faith as a salary class, and the fact that the defendant is the first offender who has no previous conviction, etc. are favorable factors for sentencing.
In addition, when comprehensively considering various sentencing materials, such as the Defendant’s age, sex, environment, etc., the lower court’s punishment is deemed unfair and unfair, so the Defendant’s assertion is reasonable.
Therefore, 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 by the defendant is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited 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 (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;