근로기준법위반
The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
1. Summary of grounds for appeal;
A. Fact-misunderstanding E is not an employee of the Promotion Committee for the Establishment of the Housing Redevelopment Project Association (hereinafter “Promotion Committee”).
B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.
2. Determination
A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in determining the assertion of misunderstanding of facts.
Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance trial is clearly unfair, or in full view of the results of the first instance examination and the results of additional evidence examination conducted until the closing of the appellate trial proceedings, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). The lower court found the Defendant guilty of the instant facts charged on the grounds of each legal statement made by the witness E, F, and G of the lower court.
Although K of the trial witnesses stated to the effect that E did not have worked for the promotion committee, there was a fact that E had worked as a relatively neutral witness in the promotion committee.
In light of the facts clearly stated, it is not recognized that maintaining the judgment of the court below on the credibility of the above witness's statement made by K of the court below is considerably unfair, and no exceptional circumstance exists to reverse the judgment of the court below on the credibility of each of the witness E, F, and G's respective legal statements made by the court below.
Therefore, the defendant's assertion of facts is without merit.
B. The Defendant did not comply with the demand for wage payment of E, but at the time, E was between the Promotion Committee and the Committee.