근로기준법위반등
The judgment below
The remainder, excluding the dismissed part, shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. Of the facts charged in the instant case, the lower court sentenced the Defendant to dismiss the prosecution against the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act against the remaining workers except workers D, and sentenced the Defendant guilty of the remaining facts charged. The Defendant appealed against the guilty portion, and the prosecutor’s failure to appeal to dismiss the prosecution became final and conclusive.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
3. The judgment of the court below is disadvantageous to the defendant, who committed the crime of drinking and unlicensed driving in this case while pending the appellate trial, such as the fact that the defendant was punished for drinking or unlicensed driving, and the violation of the Special Labor Standards Act.
However, there are more favorable circumstances, such as the fact that the Defendant recognized the instant crime, that the Defendant deposited KRW 420,000 for D when it comes to the trial, that there is no record of criminal punishment exceeding the fine prior to the instant crime, that there is no record of criminal punishment, and that the equity should be taken into account with the case where the judgment was punished
In full view of such circumstances as well as the age, character and conduct, environment, career and occupation of the defendant, the circumstances after the crime, and all other circumstances, which form the conditions of sentencing as shown in the records and arguments of this case, the sentence of the court below is deemed unfair.
Therefore, the defendant's assertion of unfair sentencing is justified.
4. As such, the defendant's appeal is reasonable, and the remaining part of the judgment below excluding the dismissal of public prosecution among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is decided again
[Separate Judgment] Summary of facts constituting an offense and evidence recognized by the court is recorded in the corresponding column of the judgment below.