근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.
The above fine shall be imposed on the defendant.
1. The sentence imposed by the lower court (two years of imprisonment and five million won of fine) on the summary of the grounds for appeal is too unreasonable.
2. The crime of violation of the Labor Standards Act due to unpaid wages, etc. or the crime of violation of the Act on Guarantee of Workers' Retirement Benefits due to unpaid retirement allowances is a direct connection with the livelihood of the employee and his/her dependents, and the crime is not good. The defendant does not comply with the basic obligations stipulated by the Labor Standards Act, such as the preparation and issuance of the labor contract. The majority of the victimized workers of this case, the amount of unpaid wages, business suspension allowances, advance notice allowances for dismissal, retirement allowances, the amount of retirement allowances, etc. exceeds 1.5 billion won, and the defendant is also not very good before and after the crime, such as the deduction of the amount of supplied goods received from the immediately preceding customer immediately before the closure of business or the personal use of the amount of supplied goods received through a civil lawsuit with the client during investigation, even though the defendant had been punished several times due to the same kind of crime.
However, the defendant's confessions of each of the crimes of this case, and the defendant is against the defendant, and the defendant pays a sum of KRW 30,50,000 to the first instance judgment, and all of the damaged workers except J agreed with the defendant, and the defendant seems to have caused the crime of this case due to the aggravation of management due to external circumstances, which led to the aggravation of management difficulties, and the defendant has no criminal record exceeding the fine, the defendant's health status seems not good, and the defendant's wife seems to appeal to the defendant's wife, and other favorable circumstances, such as the defendant's age, sex, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions indicated in the records and arguments of this case, such as the circumstances after the crime, are considered to be unfair by taking into account the punishment imposed by the court below.
3. Conclusion.