근로기준법위반등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Improper sentencing of the summary of the grounds for appeal (the grounds for appeal other than the second trial date were withdrawn. Of the facts charged in the instant case, the dismissal judgment rendered by the court below was final and conclusive as to the violation of the Workers' Retirement Benefit Security Act, and thus, it is not subject to
2. The judgment of the court below is unreasonable in light of the fact that the defendant had no record of criminal punishment against the defendant, the defendant's age, sexual conduct, relationship with the victims, motive, means and consequence of the crime, etc. when considering the sentencing conditions such as the commencement of auction on the major assets of the company immediately after takeover, etc., the defendant made efforts to recover damages, and most of the damages are expected to have been recovered (the five workers in arrears were agreed by the court below among the eight workers in arrears, and two workers in arrears were paid the overdue wages in the above auction procedure).
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Punishment) of the Labor Standards Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. A fine not exceeding 500,000 won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (the period converted into one day) to the detention in a workhouse;
1. Article 59 (1) of the Criminal Act ( normal consideration as seen earlier);