근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the court below sentenced the defendant two years of suspended sentence in the 8th month of imprisonment, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.
2. We examine the argument of unfair sentencing by the Defendant and the prosecutor in a lump sum.
The fact that the amount of overdue wages and retirement allowances of the defendant is not significant, and that the defendant does not actively endeavor to make prompt liquidation of overdue wages in the investigation agency and the court below is disadvantageous to the defendant.
However, in light of the fact that the Defendant was a first-class criminal without previous conviction, and was in violation of depth and agreed with five workers, and that the wages and retirement allowances of all workers have been completely liquidated through the distribution procedure of the relevant auction case, and all other circumstances, including the motive and background of the instant crime, the age, character and conduct of the Defendant, and the environment, are considered, the lower court’s punishment seems too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
(2) As long as the court below accepted the Defendant’s assertion of unfair sentencing and reversed the judgment of the court below, the prosecutor’s appeal on the ground of unfair sentencing shall not be separately determined by the order). The summary of the facts constituting an offense and evidence is identical to each corresponding part of the court below’s judgment, and thus, citing it as it is under
Application of Statutes
1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the Guarantee of Workers' Retirement Benefits Act);
1. Articles 40, 50 D, L, K, M. of the Commercial Concurrent Crimes Act.