근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment) that of the lower court is too unreasonable;
(2) The defendant clearly withdraws his assertion of misunderstanding of facts on the date of the first trial of the trial. 2. The crime of this case committed by the defendant is found to be disadvantageous to the defendant, such as the content and result of the crime, the degree of damage, and the protected legal interests and interests, and the total amount of wages and retirement allowances of about KRW 9,1130,000 for two workers, and the amount of damage in arrears is considerable.
On the other hand, however, the fact that the defendant led to the confession of the facts of the crime of this case in the trial, there is no circumstance to see the intentional concealment of property, and there is some reason to consider the circumstances of the crime, such as management deterioration, etc., workers E and F as part of the wages in arrears, and paid 5 million won each as part of the wages in arrears, each of them paid 8 million won and 5 million won each as part of the retirement allowances, in the court below, workers E and F respectively, and the above workers do not want the punishment of the defendant. There is no same criminal record and only one time before and after the crime of this case, the defendant's age, character, character, intelligence and environment, late payment period, number of workers in arrears, workplace size, work period, circumstances after the crime, criminal records, family relations, health conditions, etc. as shown in the argument of this case, it is reasonable to recognize that the court below's sentence imposed on the defendant is inappropriate, and therefore it is justified.
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.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is based on the evidence of the reasoning of the judgment below.