근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.
2. In light of the period of arrears, total amount in arrears, number of victimized workers, etc. regarding the instant crime, the liability for the instant crime is grave, and the fact that the instant crime may cause hindrance to the livelihood and stable livelihood security of workers, which is disadvantageous to the Defendant.
However, the defendant recognized the crime of this case and reflected it.
In the first instance, the victims expressed their intention not to have their punishment against the defendant by mutual agreement with E and D of the victimized workers.
It appears that the factory was put up for the crime of this case due to business difficulties, such as the sale of the factory by auction, and the rest of the damaged workers F are considered to have participated in the auction of the factory building, and it seems that at least some of them can be paid in light of the priority order
The defendant has no criminal records of the same kind of crime and has no criminal records.
These circumstances are favorable to the defendant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions as shown in the argument, the lower court’s punishment is somewhat inappropriate.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017) regarding criminal facts.