근로기준법위반
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 800,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (No. 1: fine of KRW 300,00,000, and fine of KRW 500,000) declared by the lower court is too unreasonable.
2. We examine ex officio before determining the grounds for appeal by the defendant. ① The defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Each crime the judgment of the court below puts on the order of the court below shall be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. ② According to the statement made by the defendant at the court of the court of the trial, the defendant was sentenced to three years for a violation of the Narcotics Control Act at the Ulsan District Court on September 6, 2017 and became final and conclusive on January 25, 2018. As above, the crime of violation of the Narcotics Control Act (fence) and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the judgment of the court below is no longer determined in that the punishment of this case cannot be maintained in that it is a concurrent crime under Article 39(1) of the Criminal Act.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court are as follows. The first head of the lower court’s criminal history was sentenced to three years for a violation of the Narcotics Control Act at the Ulsan District Court on September 6, 2017, and the judgment became final and conclusive on January 25, 2018.
“A previous conviction in the judgment of the court below” is the same as the corresponding column of the court below’s judgment, except for adding “a prior conviction in the judgment of the court below: the Defendant’s oral statement at the court below.” Thus, in accordance with Article 369 of the Criminal Procedure Act, the Criminal Procedure Act.