근로기준법위반등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Fact-finding misunderstanding (the part of the judgment of the court below regarding Q) Defendant did not have a duty to pay Q Q allowances.
Nevertheless, the judgment of the court below which convicted Q Q as to the unpaid portion of Q Q's allowance is erroneous, which affected the conclusion of the judgment.
B. The judgment of the court below against the defendant is unfair (as to the judgment of the court of first instance, the fine of KRW 4 million, the fine of KRW 200,000, and the fine of KRW 1 million). It is unfair that the judgment of the court of second instance is too unreasonable.
2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the offenses of the court Nos. 1 and 2 with respect to the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.
On the other hand, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and the above ground for reversal is changed.
3. The court below also asserted that the defendant's assertion of mistake of facts was identical to that of the above facts, and the court below rejected the defendant's assertion in detail. In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is justified.
Therefore, the defendant's assertion of mistake of the above facts is without merit.
4. If so, the judgment below is reversed ex officio as seen earlier, and the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
Criminal facts
The summary of the evidence is the same as the statement in each corresponding column of the first and second judgment, so it is in accordance with Article 369 of the Criminal Procedure Act.