근로기준법위반등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
except that from the date of this judgment.
1. The court below dismissed the prosecution against the defendant as to the violation of the Workers' Retirement Benefit Security Act and the violation of the Labor Standards Act against Workers' B among the facts charged in the instant case, and convicted each of the remaining facts charged, and dismissed part of the prosecution which was not appealed by the prosecutor due to the appeal against the defendant and the prosecutor against the guilty part becomes final and conclusive by the expiration of the appeal period. Thus, the court below's decision is to be made only for the guilty part of the judgment below.
2. Summary of reasons for appeal;
A. The sentence imposed by the lower court (two-month suspended execution of imprisonment for a term of four months, two-year community service hours, 120 hours) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
3. It is recognized that: (a) the Defendant and the prosecutor’s respective arguments on the sentencing of the sentencing together with each other; (b) the Defendant has been sentenced to a fine for more than ten hundreds of times; (c) the Defendant has been subject to a suspended sentence; and (d) the Defendant has been punished for the same offense; (c) seven workers have not been paid wages exceeding a total of KRW 14.8 million; and (d) the damaged workers have not received a letter
However, the Defendant has led to the confession of all the crimes and divided his mistake; the lower court appears to have paid 8,50,000 won to workers J; the Defendant appears to have paid 3,110,740,000 won for substitute payment; G paid 2,325,000 won for substitute payment; the employee H received 10,442,740 won for substitute payment; the employee K received 4,00,000 won for substitute payment; the Defendant paid 828,330 won for part of the unpaid wages to K at the trial; and the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes; and all of the conditions of the instant punishment specified in the arguments after the instant crime, such as the motive and consequence of each of the instant crimes, are unreasonable.