근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The abstract of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the first instance court is too unreasonable;
2. The instant crime committed on the basis of the following facts: (a) the four workers did not pay approximately KRW 197 million in total the wages and retirement allowances to four workers; (b) even if the amount recovered by workers up to the appellate court, the unpaid amount exceeds KRW 100 million; and (c) the employees who did not receive the wages, etc. could have suffered considerable economic suffering; and (d) are deemed to have suffered from considerable economic suffering.
However, it is deemed unfair that the first instance court's punishment against the defendant is too excessive, taking into account the following circumstances: (a) the defendant has both the criminal acts of this case and reflects the mistake; (b) the vice president, the vice president of the company of this case, has paid money to his employee to prevent the severance from employment; and (c) the crime of this case has to be judged concurrently in the relation of the violation of the Labor Standards Act and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act; and (d) the defendant has no other means of criminal punishment prior to the crime of this case; and (e) there are favorable circumstances for the defendant, such as the defendant's age, character and behavior, environment, the background of the crime of this case, and the circumstances after the crime.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of the relevant column of the judgment of the court of first instance. Thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, respectively;