근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Of the facts charged in the instant case, the lower court dismissed the public prosecution against the violation of the Labor Standards Act by workers C, D, E, and F, and convicted the remainder of the facts charged, and appealed against the said conviction only by the Defendant.
Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.
2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of April 2 and the community service order of 80 hours) is too unreasonable.
3. According to the circumstances, the Defendant’s liability cannot be denied, such as that the number of employees who did not pay wages reaches 22, that the total amount of unpaid wages exceeds 42 million won, and that the Defendant was punished by several fines on the same kind and different types of crimes.
However, there are extenuating circumstances, such as the fact that the defendant recognized the crime of this case and made a mistake against the defendant, that the defendant paid half of the wages in arrears to a large number of workers in accordance with civil conciliation procedures, etc., that the worker S, T, and U does not want the punishment for the defendant, and that the above worker does not want to pay the wages in arrears to the worker S, T, and U in the first instance, and that the victim R, V, W, X, Y, Z, Z, and AB deposited money of KRW 9,690,000 for the purpose of the victim R, V, M, X, Z, and
In full view of the above circumstances and other sentencing conditions in the records, such as the Defendant’s age, sex, environment, motive, means, and consequence, the lower court’s punishment is somewhat unreasonable.
Therefore, the defendant's above assertion is justified.
4. 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 well-grounded, and the following is reversed after pleading.