근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, each of the offenses in the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act. Thus, the sentence should be determined by the method of determining the applicable sentences within the scope of the aggravated punishment in accordance with Article 38 (1) of the Criminal Act, but the court below committed a mistake of omitting the aggravated punishment. In this regard, the judgment of the court below cannot be maintained further.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (Selection of Fines);
1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes with punishment stipulated for a violation of the Labor Standards Act with respect to F with the largest number of concurrent crimes);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is recognized that the defendant's mistake in sentencing of Article 334 (1) of the Criminal Procedure Act is divided.
However, the Defendant, including four times of a fine for the same kind of crime, has a record of a fine, suspension of execution, and punishment, and the wage in arrears with five unpaid workers exceeds the total of KRW 17 million. Nevertheless, the Defendant has not been paid so far, and the lower court and the sentence may be determined differently in the first instance trial.