근로기준법위반등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for four months.
except that from the date of this judgment.
1. The lower court dismissed each of the instant facts charged against the violation of the Labor Standards Act against B, C, D, E, F, G, H, and I, and the violation of the Guarantee of Workers’ Retirement Benefits Act, and sentenced the remainder of the facts charged.
However, since only the defendant appealed against the guilty portion of the judgment of the court below, and the dismissal portion of the above public prosecution among the judgment of the court below becomes final and conclusive as the prosecutor did not appeal, the scope of this court's
2. The lower court’s sentence (6 months of imprisonment and one year of suspended execution) against the Defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable.
3. In full view of the following circumstances: (a) the amount of delayed payment is not much significant; (b) the Defendant has already been punished for a fine for the same kind of crime; (c) the Defendant is deemed to have been aware of the fact of the crime; (d) on the other hand, the Defendant recognized the fact of the crime and reflects the depth of the Defendant; (e) the employee N submitted an application to not punish the Defendant; and (e) the employee L appears to have been paid part of the money and valuables in arrears in the auction process; and (e) the Defendant does not seem to have been in arrears with wages and retirement allowances in bad faith; and (e) other circumstances indicated in the instant case, such as the Defendant’s age, sexual behavior and environment; (e) motive, means, and consequence of the crime; and
4. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 109(1) and 36 of the Labor Standards Act for facts constituting an offense (the fact that wages are not paid) and the Guarantee of Retirement Benefits for respective workers.