근로기준법위반등
Of the judgment of the court of first instance, the guilty part and the judgment of the court of second instance shall be reversed in entirety.
A defendant shall be punished by imprisonment for one year.
The first instance court’s judgment on the Defendant’s charges [Attachment 2018 order 1244] Case
1. The prosecution against the violation of the Labor Standards Act and the Labor Standards Act and the Guarantee of Workers' Retirement Benefits at the end of the 3 to 6-year period of crime sight table, [217 highestest 2018 highestest 2217] violation of each Labor Standards Act and the Guarantee of Workers' Retirement Benefits in the case, [2018 highest 3603] violation of each Labor Standards Act were dismissed, and the public prosecutor appealed against the remainder of the facts charged, and the public prosecutor appealed against the guilty portion of the first judgment judgment.
As a result, since the dismissal part of the judgment of the court of first instance is divided into the range of appeal period, the judgment of this court is limited to the conviction part of the judgment of the court of first instance and the judgment of the court of second instance
2. Summary of grounds for appeal;
A. Defendant 1) Although the Defendant had the intent and ability to allow the victims to operate the database room on April 2016, which was operated by the victims, the Defendant did not cause the victims to do so with a temporary light of the cash flow, and the Defendant is not recognized as a criminal intent to obtain fraud, the lower court’s judgment convicting the victims of the charges was erroneous and adversely affected the conclusion of the judgment.
2) The sentence of imprisonment with prison labor for the second instance judgment (one year of imprisonment) is too unreasonable.
B. The sentence of the prosecutor’s judgment (No. 1: fine of KRW 3 million, and imprisonment of KRW 2,000,000) is too uneased and unreasonable.
3. Ex officio determination
A. The appeal case against the judgment of the court below against the defendant was consolidated when the judgment of the court below was reversed. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and the punishment should be imposed within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below should be reversed.
B. The second instance judgment’s amendment of indictment to the indictment against the lower court is the first instance judgment, and the second instance judgment [the second instance judgment 2242] is the facts charged.