근로기준법위반
The prosecutor's appeal is dismissed.
1. In light of the prosecutor’s gist of the grounds of appeal (unfair sentencing) that the Defendant did not continuously pay two workers’ wages for two (2) years in the course of operating the driving school, and that the Defendant did not make efforts to pay the overdue wages in the name of KRW 4722,00,00, the Defendant’s delayed wage is deemed unreasonable since the lower court’s sentence that sentenced the community service order for two (2) years of suspended execution and 120 (120) hours is too uneasible.
2. The judgment of the defendant is recognized to mislead the defendant, there is no record of being punished for the same kind of crime, and the defendant was sentenced to a suspended sentence of two years for ten months by imprisonment with prison labor on August 26, 2015 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous or Causing Death or injury) at the original branch of the Chuncheon District Court.
9.3. The judgment becomes final and conclusive. The crime of this case is one of the concurrent crimes established after Article 37 of the Criminal Act with the crime of this case and the crime of this case, and the principle of equity should be taken into account when the judgment is rendered at the same time in relation to the crime of this case and the crime of this case. In light of the motive and circumstance of each crime of this case, the circumstances before and after the crime of this case, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior and environment as shown in the records and arguments of this case, considering the circumstances alleged in the grounds for appeal,
3. The appeal by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.