근로기준법위반등
The defendant's appeal is dismissed.
1. The lower court dismissed the public prosecution regarding the violation of the Labor Standards Act against B, C, D, E, and F among the facts charged in the instant case and the violation of the Guarantee of Workers' Retirement Benefits Act, and sentenced the conviction on the remainder of the facts charged. The only Defendant appealed on the conviction portion.
Therefore, since the above dismissed part is separated and confirmed as it is due to the lapse of the appeal period, the above dismissed part shall be excluded from the scope of the judgment in this Court.
2. The decision of the court below (two months of imprisonment and two years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.
3. In light of the unfavorable circumstances such as the Defendant’s recognition of the instant crime and mistake, payment of substitute payment to workers, partial recovery of damage, Defendant’s failure to have the Defendant punished under the agreement with workers M and L in the party instance, or the total amount of wages in arrears, etc., the Defendant did not submit the materials that the Defendant additionally repaid to employees in the party instance, and other unfavorable circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and the sentencing conditions as indicated in the argument of the instant case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
Therefore, the defendant's above assertion is without merit.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.