근로기준법위반
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for four months.
except that from the date of this judgment.
1. The lower court dismissed the prosecution as to the violation of the Labor Standards Act with respect to workers B, C, and D among the facts charged in the instant case, and convicted the remainder of the facts charged, and the Defendant appealed only to the guilty portion among the lower judgment.
The judgment below
Among them, the dismissal part was separated from the defendant and the prosecutor's appeal, and it became final and conclusive and excluded from the scope of the trial.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.
3. The crime that does not pay wages within 14 days from the date of retirement of the judged worker causes harm to the livelihood and stable livelihood security of the worker, and the defendant has been punished 13 times due to the violation of the Labor Standards Act, and the defendant committed the instant crime even if he/she had been sentenced to imprisonment for 6 months and one year of suspended execution on April 7, 2017 by the court, which was in violation of the Labor Standards Act, and was still in the suspended execution period, which
However, in light of the favorable circumstances, such as the fact that the defendant's mistake is recognized, and the defendant is under confinement for a considerable period of time after being detained on the date of the pronouncement of the judgment of the court below, and that the defendant's further agreement was made with the worker H and G in the trial, and that the remaining overdue wages are merely about KRW 1.5 million, the remaining overdue wages are merely about the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., the sentence of the court below is deemed unfair.
4. As the appeal by the defendant is well-grounded, the guilty part of the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as that of each corresponding column of the judgment below.