근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for three months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The decision of the court below on the gist of the reasons for appeal (four months of imprisonment and one year of suspended execution) is too unreasonable.
2. The fact that the accused has been punished twice for the same offense is the reason for sentencing disadvantageous to the accused.
However, each of the crimes of this case is not prosecuted against the victim's explicit intent under Article 109 (2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. However, according to Article 232 (3) and Article 232 (1) of the Criminal Procedure Act, each of the crimes of this case is not prosecuted against the victim's explicit intention, although the victim may withdraw his/her wish to punish prior to the pronouncement of the first instance judgment.
In addition to the defendant's age, sex, environment, motive, means and consequence of the crime, etc., considering the various conditions of sentencing as shown in the arguments, such as the circumstances after the crime, the sentence of the court below is deemed to be unfair because it is too unreasonable. Thus, the above argument by the defendant is reasonable.
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 judgment below is ruled again after pleading as follows.
【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;