근로기준법위반등
The defendant's appeal is dismissed.
1. The lower court found the Defendant guilty of violation of the Labor Standards Act against I, violation of the Act on the Guarantee of Workers' Retirement Benefits, and dismissed the prosecution against B, C, D, E, and F, violation of the Labor Standards Act and violation of the Act on the Guarantee of Workers' Retirement Benefits.
However, since the defendant appealed against the guilty portion, the part of the judgment dismissing the public prosecution which the defendant and the prosecutor did not appeal is confirmed by the expiration of the period of appeal, and the scope of the judgment of this court is limited to
2. The lower court’s punishment (three million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.
3. The defendant shows his attitude to recognize and reflect the crime of this case, and there is no previous attitude.
On the other hand, the defendant alleged that he appealed to agree with I, but the defendant did not reach an agreement with I, and there is no change in circumstances after the decision of the court below was made.
In addition, the lower court’s punishment is too unreasonable in light of the following: (a) the unpaid wage and retirement amount did not amount to KRW 39 million in total; (b) the Defendant’s age; (c) the background leading up to the instant crime; and (d) the circumstances after the instant crime were committed.
Therefore, the defendant's assertion of unfair sentencing is without merit.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.