근로기준법위반
The judgment of the court below is reversed.
The defendant shall be punished by a fine of 500,000 won for the crimes in the attached list of crimes No. 1.
1. The summary of the grounds for appeal (e.g., a form of punishment) that the court below rendered (e.g., a fine of 300,000 won for the crimes set forth in No. 1 in the annexed list of crimes, and fines of 6,000,000 won for each crime set forth in No. 2 or 25 in the same list of crimes) is too uneased and unfair.
2. In full view of each of the instant crimes, each of the instant crimes, which did not pay a total of KRW 54,525,00 to 25 workers, is not a good crime, and the Defendant did not make any effort to recover from damage by failing to pay the overdue wages up to the trial, etc., and seems to have habitually been engaged in delayed payment of wages only 11 times, including the history of punishment for the same criminal record, and most of the instant crimes committed during the period of suspension of execution, the lower court’s each of the instant crimes, which the lower court sentenced, is deemed to be unfair.
3. As such, the prosecutor'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 it 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 each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Acts and Articles 109(1) and 36 of the Labor Standards Act (attached Form 109(s) for criminal facts and the choice of punishment, respectively, shall be punished by a fine and by imprisonment for the remaining crimes);
1. The latter part of Article 37 and Article 39(1) of the Criminal Act (limited to the crime No. 1 No. 550, Feb. 24, 2015 and the crime of forging securities for which judgment has become final and conclusive on February 24, 2015).
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes No. 2 through 25, each of the crimes specified in attached Table 37);
1. Articles 70(1) and 69(2) of the Criminal Act (limited to the crimes set forth in attached Table 1, a year of sight of crimes);
1. The Criminal Procedure Act;