근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The Defendant’s non-paid wages and retirement allowances reach KRW 5.6 million, and the economic difficulty of the employee could have been considerable, despite the Korea Labor Welfare Corporation’s substitute payment, etc., the amount of unpaid wages and retirement allowances exceeds KRW 100 million and still does not reach an agreement with employees, and the Defendant committed the instant crime, even if there was a past record of the suspension of indictment twice due to the same kind of crime, which is disadvantageous to the Defendant.
However, considering the fact that the defendant recognized his mistake and reflects on the defendant, the fact that the defendant was unable to pay wages and retirement allowances to workers due to changes in the management situation such as the reduction of the price of the original office, the Korea Labor Welfare Corporation paid a substitute payment of 380 million won to workers, the defendant deposited a total of 60 million won for workers in the trial, the defendant deposited a total of 60 million won for workers in the trial, the defendant did not have any criminal record other than the criminal punishment of fines on two occasions due to the violation of the past Road Traffic Act, and other various sentencing conditions as shown in the records and arguments, including the defendant's age, character, character and environment, and the circumstances after the crime, and the scope of recommendations according to the sentencing guidelines of the Sentencing Committee of the Supreme Court (one to one year and six months), it is judged that the sentence imposed by the court below is inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following judgment is rendered
Although the appeal by the public prosecutor is without merit for the foregoing reasons, the appeal by the public prosecutor shall not be dismissed separately in the text, so long as the judgment of the court below is reversed.