근로기준법위반등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
However, from the date this judgment becomes final and conclusive.
1. As to the violation of the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits against B and C among the facts charged in the instant case, the lower court dismissed the prosecution, and convicted the remainder of the facts charged, and the Defendant appealed against the guilty portion among the lower judgment. As such, the part dismissing the public prosecution was separately determined as it is upon the lapse of the appeal period
Therefore, the scope of this court's adjudication is limited to the remaining conviction except the above dismissed dismissal part.
2. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
3. The purport of the Labor Standards Act, which imposes criminal liability on the person liable for payment of the determined wages and retirement allowances, intends to ensure that the employee maintains his/her livelihood with normal wage and is entitled to receive due remuneration for labor, the total sum of the unpaid wages and retirement allowances in the instant case, and the fact that the same criminal record is several is disadvantageous to the Defendant.
However, there are circumstances favorable to the defendant, such as the fact that the injured worker agreed with the victimized worker in the trial, and that the injured worker does not want to be punished against the defendant, and some of the circumstances leading to the crime, such as aggravation of management, etc., are considered.
In addition, the sentence of the court below is somewhat inappropriate in light of various sentencing conditions as shown in the argument of this case, such as the defendant's age, health, character and conduct, environment, motive of the crime, and circumstances after the crime.
4. In conclusion, the defendant's appeal against the guilty portion among the judgment below is justified. Thus, the conviction portion among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered through pleading.
[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as that of each corresponding column of the judgment below.