근로기준법위반등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (eight months of imprisonment) is too unreasonable.
2. The payment of wages and retirement allowances to 41 workers who have been employed by the defendant for a long time due to difficulties in the business of manufacturing electronic parts, which is not due to the victim's number and the amount of the victim's number is large, and the criminal liability is minor.
However, it seems that the defendant has led to the confession of crimes and reflects on it.
In the trial, 18 additional 41 persons among the above 41 persons were not punished for the defendant.
Although there is no further repayment by the defendant in the trial of the court, the decision of the court below is an exception to the dismissal part of the public prosecution, and the damage equivalent to the wages and retirement allowances of 97 million won has not yet been recovered.
However, it is also necessary to consider that the total amount of repayment will be reduced if the agreement is excluded from the unpaid balance of 18 persons submitted in the trial.
In addition, the defendant was in bad faith;
It is difficult to see it.
The defendant has no criminal record of the same kind and has no criminal record of the crime.
In addition, taking into account various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, it is unreasonable to impose the sentence of the court below as it is.
3. As such, the grounds for appeal by the defendant are reasonable, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is so decided as per Disposition on the following grounds through a new theory of change.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article 109 of the Labor Standards Act and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and the Labor Standards Act.