근로기준법위반등
The prosecutor's appeal is dismissed.
1. The lower court found the Defendant guilty of violating the Labor Standards Act against F, I, and G, and violating the Act on the Guarantee of Workers' Retirement Benefits against H and G, among the facts charged against the Defendant, and dismissed the prosecution against the violation of the Labor Standards Act against B and C, and the Act on the Guarantee of Workers' Retirement Benefits.
However, since the prosecutor appealed only to the guilty portion, the part of the judgment dismissing the prosecution which the defendant and the prosecutor did not appeal shall be confirmed by the expiration of the period of appeal, and the scope of the judgment of this court
2. The lower court’s sentence (2.5 million won of fine) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.
3. The amount that the Defendant did not pay to four persons, such as F, is not stated in total of 11,062,690 won, total of 14,36,332 won, and there is no additional payment after the lower judgment is sentenced.
On the other hand, the defendant shows his attitude to recognize and reflect the crime of this case, and there is no previous difference between this case and the defendant, and there is no criminal conviction heavier than the fine.
In addition, comprehensively taking account of the Defendant’s age, career, background of the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable.
Therefore, the prosecutor's assertion of unfair sentencing is without merit.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.