근로기준법위반
The judgment below
The guilty portion shall be reversed.
Defendant
A Nos. 2 through 7, 9, 11, 13.0
1. The court below found not guilty of the violation of the Labor Standards Act stated in the annexed list of crimes (hereinafter “crime list”) No. 47 among the charged facts of this case, and sentenced the dismissal of prosecution as to the violation of the Labor Standards Act stated in the annexed list of crimes (hereinafter “crime list”) No. 1, 8, 23, and 46, and convicted the remainder of the charged facts.
However, since only the Defendants appealed against the guilty portion of the judgment below, the dismissal of prosecution and the acquittal portion became final and conclusive.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. Summary of grounds for appeal;
A. Defendant A (1) The lower court erred by misapprehending the fact that there was an error of law that found Defendant A’s employees to be excessively paid wages. (2) The lower court determined that the witness’s statement made in the investigative agency is more reliable than the witness’s statement made in the court, and rejected the witness’s statement favorable to Defendant A
If there is any doubtful fact, the court below's decision to suspend the hearing even though it should be further examined, and rejected the defense counsel's assertion is erroneous in the incomplete hearing.
3) The lower court’s sentence of unfair sentencing (eight months of imprisonment) is too unreasonable and unfair. B. Defendant B (Defendant B) misjudgments of facts or misapprehension of legal principles on August 14, 2020 alleged that L’s wage claim was fabricated in the statement of grounds of appeal submitted on August 14, 2020.
However, in the case of L's wage claim(47 per annum), since the judgment of innocence was rendered in the original trial, it is not judged separately.
Defendant
B In the grounds of appeal submitted on August 14, 2020, the court below did not assert that the court below erred in the facts and found Defendant A’s employees excessive wages. The defense counsel in Defendant B submitted the statement of grounds of appeal on October 12, 2020 after the deadline for filing the statement of grounds of appeal.