A defendant shall be punished by imprisonment for not less than eight months.

2. According to the records, on October 11, 2016, the Defendant was sentenced to a suspended sentence of two years and community service for six months for a violation of the Labor Standards Act in the wooden Branch of the Gwangju District Court, and the Prosecutor appealed, but on July 18, 2017, was sentenced to a dismissal judgment by this court, and the judgment became final and conclusive on the 26th of the same month.

The crime of this case and the crime of violation of the Labor Standards Act, which became final and conclusive upon the conclusion of the above judgment, are in the relation of concurrent crimes after Article 37 of the Criminal Act, and should be sentenced to a punishment for the original judgment in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act. In this regard, the judgment of the

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The criminal facts recognized by the court and the summary of the evidence were the first head of the criminal facts and the summary of the evidence. “The defendant was sentenced to a suspended sentence of two years and community service for six months on October 11, 2016 due to a violation of the Labor Standards Act in the Gwangju District Court’s Branch Branch of the Gwangju District Court, and the prosecutor appealed, but on July 18, 2017, the judgment became final and conclusive on July 26, 2017 upon receiving a dismissal judgment from this court.

“A previous conviction in the judgment of 1.” in the summary of evidence, except for the addition of “(1) prior conviction in the judgment of 1.0: Each of the relevant columns of the judgment of 2016 High Court Decision 821, 2016 High Court Decision 821, 2016 High Court Decision 97 High Court Decision 97 High Court Decision, Gwangju District Court Decision 2016No3999 decided July 18, 2017),” and “an inquiry of the consolidated case,” is as stated in each corresponding column of the judgment of 369 of the Criminal Procedure Act. Therefore, this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The application of legislation;