근로기준법위반등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Of the facts charged in the instant case, the lower court rendered a judgment dismissing the prosecution as to the violation of the respective Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act, among the facts charged in the instant case, Nos. 9, 10, 15, 17, and 26 of the crime list Nos. 9, 10, 17, and 26 of the crime list as indicated in the lower judgment, and sentenced the remainder of the facts charged. Since only the Defendant filed an appeal on the
2. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
3. The instant crime was committed by the Defendant with a total of KRW 320,000,000 for 25 employees, and the amount of damage therefrom is considerably large.
On the other hand, the defendant was committing the crime of this case in light of money while operating the company normally, and the defendant did not seem to have paid wages and retirement allowances in bad faith.
Some of the unpaid wages of workers were restored to the substitute payment made by the Korea Labor Welfare Corporation, and some of the employees in the future are expected to receive preferential payment from the proceeds of the sale of the above assets in the auction procedure.
In full view of the Defendant’s age, character and conduct, environment, motive, means, consequence, and all of the sentencing conditions and sentencing criteria indicated in the instant pleadings, including the following circumstances, the lower court’s punishment is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
4. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the ground that the defendant's appeal is with merit, and the following decision is rendered after pleading.
[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by the court below and the summary of evidence are the judgment below.