근로기준법위반등
Of the convictions of the lower judgment, the part excluding the costs of lawsuit shall be reversed.
Defendant shall be sentenced to six months of imprisonment.
1. Of the facts charged in the instant case, the lower court affirmed the prosecution against the violation of the Labor Standards Act for Workers C, D, E, and F, and the violation of the Workers' Retirement Benefit Security Act, and convicted each of them of violating the Labor Standards Act for Workers I, J, K, L, M, and N, and the violation of the Workers' Retirement Benefit Security Act. However, the part of the dismissal of the public prosecution for which the Prosecutor did not appeal after only the Defendant appealed the part of conviction was finalized by the lapse of the appeal period, and thus, the judgment of the first instance court is to only the convicted part of the judgment below.
2. The sentence imposed by the lower court (six months of imprisonment and the cost of lawsuit) is too unreasonable.
3. It is recognized that the judgment defendant has been punished several times for the same crime, and that the total amount of unpaid wages and retirement allowances exceeds 34 million won.
However, in consideration of the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant offenses, and the circumstances after the commission of the offense, the punishment imposed by the lower court is too unreasonable, as it is too unreasonable, considering the following factors: (a) the Defendant led to the confession of all of the offenses; (b) there was no history of punishment heavier than the fine; and (c) there was no agreement with the victimized workers; and (d) there was an agreement with the victimized workers; and (b) the Defendant’s age, sexual behavior,
Therefore, the defendant's argument is justified.
4. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction except the costs of lawsuit is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Each of the relevant Articles of the Act concerning the facts of crime;