근로기준법위반등
The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence sentenced by the first instance court to the summary of the grounds for appeal (unfair sentencing) is too unreasonable (two years of suspended sentence in the year of imprisonment with prison labor for eight months).
2. According to the evidence duly adopted and investigated by the first instance court and the first instance court in the latter part of Article 37 of the Criminal Act, the defendant was sentenced to imprisonment with prison labor on November 29, 2016 due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (influence) at the Seoul High Court on March 16, 2017, which became final and conclusive by the Supreme Court's dismissal of the appeal by the Supreme Court on March 16, 2017. As such, each crime of the first instance judgment against the defendant and the above crime for which the judgment became final and conclusive by the Supreme Court's dismissal of the appeal by the Supreme Court on March 16, 2017 is in the relation of concurrent crimes under Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act, a sentence shall be imposed in consideration of equity
3. According to the above conclusion, the judgment of the first instance court is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment is reversed, and the following is again decided after pleading.
[Grounds for the final judgment] The summary of facts constituting a crime and evidence recognized by the court is added to the first instance judgment of the court of first instance, and the summary of facts constituting a crime and evidence is as stated in the corresponding column of the judgment of the court of first instance except for adding "the investigation report" to "the person for whom the judgment of the court of Seoul High Court rendered a final and conclusive judgment dismissing the final appeal of the Supreme Court on March 16, 2017 due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (or distribution)" by the Seoul High Court of Seoul High Court as of November 29, 2016. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1) and Article 36 of the Labor Standards Act applicable to facts constituting an offense (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;
1. Commercial concurrence;