근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The judgment of the court below which found the Defendant guilty of the facts charged was erroneous in the misapprehension of facts, since the victim was in the same trade relationship with the victim, the period of work claimed by the victim is different from the facts, and the wage was not specified in a certain amount.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant denied the facts charged in this case at the court of original instance and reversed the previous statement to the same effect as the grounds for appeal at the court of first instance. In determining the credibility of a confession, the determination should take into account all the circumstances, including whether the content of the confession itself has objectively rational, what is the motive or reason for the confession, what is the reason leading up to the confession, and what is the circumstance leading up to the confession, and whether there is any conflict or inconsistency with the confession among the evidence other than the confession (see, e.g., Supreme Court Decision 2011Do6497, Jan. 27, 2012). The Defendant consistently made a statement from the investigative agency to the court of original instance with the same content as the facts charged, and supported the Defendant’s confession by consistently making a statement consistent with the facts charged, and in view of the background leading up to the confession of the Defendant, other evidence other than the confession, and the credibility of the confession of the Defendant is consistent.
In light of the evidence duly admitted and examined by the lower court in addition to the confessions made by the Defendant at the lower court, the lower court’s judgment that found the Defendant guilty of the facts charged of this case is justifiable.
Therefore, the defendant's above assertion is without merit.
B. The defendant agreed with the victim for the judgment of the unfair argument of sentencing, and the defendant is the same as the defendant.