근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.
The above fine shall be imposed on the defendant.
1. The appellate court’s judgment dismissing the prosecution against the violation of the Labor Standards Act regarding victimized workers L, among the facts charged in the instant case, and sentenced the judgment of conviction against the remaining facts charged, and the prosecutor and the defendant appealed against the aforementioned guilty part.
Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal becomes final and conclusive, it is limited to the conviction part among the judgment below.
2. Summary of reasons for appeal;
A. The sentence of the lower court (the imprisonment of six months, the fine of one million won) is too unreasonable.
B. The Prosecutor’s above sentence is too uneasible and unreasonable.
3. It is recognized that the money and valuables in arrears are large amounts, the number of victimized workers are not less than that of a majority, the damage has not been fully recovered until the depth of the crime, and the defendant has the record of having been punished for the same kind of crime.
However, in light of the fact that the Defendant recognized the instant crime and reflected against the Defendant, the Defendant agreed with the victimized employee D, I, and the Defendant agreed with the victimized employee E, H, P, and Q, that the substitute payment was partially recovered, that there were circumstances to consider the circumstance of delayed payment of wages, such as the failure to pay the original office building, that there was no record of punishment exceeding the fine, that there was no record of punishment by the Defendant, and that there was other factors on the instant records and arguments, such as the Defendant’s age, sex, behavior, environment, the background, motive, means, and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and it is again decided as follows (inasmuch as the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's