근로기준법위반등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
except that this judgment.
1. The court below dismissed the prosecution against the violation of the Labor Standards Act and the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act among the facts charged in the instant case, and convicted the remainder.
However, since the defendant appealed only to the conviction of the judgment of the court below and did not appeal both the defendant and the prosecutor with respect to the dismissal of the public prosecution, the dismissal of the public prosecution among the judgment of the court below is finalized separately, only the conviction is subject to the judgment of this court.
2. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
3. It seems that the employees of the victimized person caused considerable economic and psychological harm due to the instant wage and retirement pay in arrears because the Defendant’s total amount of unpaid wages and retirement allowances was not so small as a million won.
However, it seems that the failure of the company operated by the defendant led to the crime of this case inevitably, and all of the crimes are recognized, and the mistake is divided.
As a substitute payment, 76,872,670 won (wages 24,017,890 won, retirement pay 52,854,780 won) was paid to the employees, and the Defendant has made efforts to pay 75,672,670 won to the Labor Welfare Corporation to recover damages, such as repaying it to the Labor Welfare Corporation;
At the same time, the communication was agreed with all victims who contact with each other.
In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
4. 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 reasonable, and the judgment below is reversed and it is ruled again as follows
Criminal facts
this Court recognizes the substance of the evidence and the summary thereof.