근로기준법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 700,000) is too unreasonable.
2. Determination
A. Although the Defendant was unable to reach an agreement with the victimized workers until the trial at the trial at the trial, the Defendant is deemed to have been somewhat dismissed and unfair in full view of various circumstances, including the Defendant’s age, background, and circumstances after the crime, etc., and the sentence imposed by the lower court is somewhat unreasonable, taking account of the following circumstances: (a) the Defendant led to the instant crime at the trial; (b) deposited KRW 216,320 as to the amount equivalent to the paid leave that was not granted to the victimized workers in the trial at the trial; (c) the Defendant did not appear to have committed the instant crime in a planned manner; and (d) the Defendant was sentenced to a fine of KRW 50,000 as a result of the Defendant’s violation of the Resident Registration Act in 198.
B. Therefore, the defendant's above 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, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “the Defendant’s trial testimony at the court below” to the column for the evidence as indicated in the judgment of the court below, the summary of the facts charged and the evidence is identical to each corresponding column of the judgment below; and (b) thus, they are cited by Article
Application of Statutes
1. Article 110 of the relevant Act concerning facts constituting a crime and Articles 110 subparagraph 1 and 60 (1) of the Labor Standards Act concerning the selection of punishment (excluding punishment);
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 700,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse. (100,000 won per day)
1. Article 59 (1) of the Criminal Act ( considered as circumstances favorable to the defendant earlier) of the suspended sentence;