근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date of the final judgment.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. The judgment of the court below is somewhat heavy in view of the following factors: (a) the defendant had a history of punishment several times for the same type of crime; (b) the amount of money in arrears is a large amount of money in arrears; (c) the defendant committed a crime; (d) the defendant has agreed with four employees in arrears; and (e) the defendant has agreed with four employees in arrears; and (e) the defendant has reached an agreement with four employees in arrears; and (e) the defendant’s age, character, conduct, occupation and environment; (e) details and result of the crime; and (e)
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of favorable reasons for the reversal of a judgment);