근로기준법위반등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The defendant asserts that the defendant's punishment (two years of suspended execution in four months of imprisonment) of the judgment of the court below is too unfasible, and the prosecutor is too unfasible and unfair.
2. Determination is a favorable reason for sentencing, such as: (a) the fact that the defendant has been punished for the same kind of crime four times; (b) the total amount of unpaid wages and retirement allowances has not been specified; and (c) the fact that the defendant has agreed with all workers when the defendant was in the trial; (d) the defendant has led to the confession of the crime; and (e) the fact that the defendant has not been paid wages and retirement allowances due to business difficulties.
In full view of the above sentencing factors, the Defendant’s age, career, relationship with victims, circumstances leading to the commission of the crime, circumstances after the commission of the crime, and all other matters regarding the sentencing specified in the records and arguments of the instant case, the lower judgment’s punishment is deemed unreasonable, and thus, the Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1), Article 36 of the Labor Standards Act, Article 44, Article 14, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. A fine of two million won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (one hundred thousand won per day converted);
1. The suspension of sentence is advantageous to the grounds for reversal under Article 59(1) of the Criminal Act.