근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
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 regarding the violation of the Labor Standards Act and the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act, and sentenced the judgment of conviction against the remainder of the facts charged, and appealed against the aforementioned guilty portion.
Therefore, since the dismissal part of the judgment of the court below which did not appeal both the defendant and the prosecutor becomes final and conclusive, it is limited to the guilty part of the judgment below.
2. The decision of the court below on the gist of the reasons for appeal (one year of the suspended sentence of imprisonment with prison labor for four months) is too unreasonable.
3. The Defendant committed the instant crime even though he/she had been punished by a fine on several occasions due to a violation of the Labor Standards Act, and the Defendant committed the instant crime, which is disadvantageous to the Defendant.
On the other hand, the fact that the defendant was committed by committing the crime of this case, and the defendant was wrong, and the fact that the above worker was not punished by the defendant under the agreement with workers E and F when the defendant was in mind, is favorable to the defendant.
In full view of the changes in circumstances, such as the above-mentioned situation or favorable circumstances to the defendant, and the expression of intention to punish the above workers at the trial, and other various conditions of sentencing as shown in the argument of this case, such as the age, sex, environment, motive and circumstance leading to the crime of this case, and the situation before and after the crime, the punishment sentenced by the court below is unreasonable.
Defendant’s assertion is with merit.
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 with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
(b).