근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Determination is that there are 20 workers who did not pay wages, etc., the sum of the overdue wages, etc. reaches approximately KRW 350 million, the Defendant failed to make efforts to normalize management, and the Defendant left Korea on or after February 2012 and returned to Korea in 7 years or past 2019, which led to the increase in the damages of workers, and the Defendant was punished for the same kind of crime, etc. are disadvantageous circumstances.
However, it is advantageous to the fact that the defendant recognized the crime of this case, against the wrong fact, the six workers expressed their intention not to want the punishment of the defendant, the substitute payment of approximately KRW 180 million in total to workers in 2012, and the retirement pension of KRW 100 million in total was fully recovered, and the defendant seems to have failed to pay wages, etc. due to the aggravation of management due to external factors.
In full view of such circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the instant records and arguments, the lower court’s punishment was too unreasonable as it changed the sentencing conditions in the trial.
Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.
3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
(No appeal by a prosecutor is well-grounded, but the decision of the court below shall not be dismissed separately from the disposition, unless the appeal by the defendant is accepted.)