근로기준법위반등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal that the court below rendered by the defendant is so unreasonable that the punishment (the punishment amounting to KRW 3,000,000) imposed by the court below is too large that it is unfair (the defendant explicitly withdraws his assertion of mistake of facts on the second trial date). 2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant ex officio.
In the trial of the prosecutor, “The defendant is a person who operates D Co., Ltd. in Guri-si, and is engaged in food distribution business by employing eight full-time workers.
The Defendant, from July 20, 1997 to April 4, 2014, stated the Defendant’s application for the permission to amend the Bill of Indictment in KRW 3,062,201 on the annual paid leave allowances of E employed workers from around July 20, 1997, but it appears that it is a clerical error.
Although the application for permission to amend the bill of indictment in the amount of KRW 18,348,665 is written as KRW 18,348,201, it seems that this is a clerical error.
(F) From July 20, 1997 to August 20, 2010: KRW 10,000,000, and KRW 21,410,866, including from August 21, 2010 to April 4, 2014: KRW 8,348,665) did not pay KRW 21,410,866 within 14 days from the date of retirement for which the grounds for payment occurred without any agreement on extension of payment deadline between the parties.
“Application for Amendments to Bill of Indictment” was filed, and this Court permitted this, and the subject of the adjudication was changed.
Therefore, the judgment of the court below cannot be maintained as it is.
3. Thus, 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 about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are as follows: ① change the facts charged in the original judgment into the facts charged in the above paragraph 2; ② “The Defendant’s partial statement in the court of first instance” in the summary of the evidence in the judgment of the court below as “1. The Defendant’s oral statement in the court of first instance”, and “1.0”