근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one million won penalty) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
According to the records of this case, on March 8, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Seoul Northern District Court on August 20, 2018 and the above judgment became final and conclusive on January 20, 2018. On August 23, 2017, the above judgment was sentenced to a two-year suspended sentence on March 12, 2018 and became final and conclusive on March 2, 2018. As such, each of the crimes of this case by the Defendant is in the concurrent relationship between the crime for which the judgment became final and the crime of this case under Article 37 of the Criminal Act and the crime under Article 39 (1) of the Criminal Act, and the judgment of the court below cannot be maintained in such a way as above.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the grounds of the above ex officio reversal, and the judgment below is reversed and it is again decided as follows.
[Judgment] The summary of criminal facts and evidence recognized by this court is the first head of the judgment below’s “criminal facts” as stated in Article 1 of the Criminal Procedure Act. The judgment below was rendered on March 8, 2017 by the Seoul Northern District Court sentenced two years to a suspended sentence of imprisonment for eight months due to criminal fraud, etc. and became final and conclusive on January 20, 2018. On August 23, 2017, the same court was sentenced two years to a suspended sentence of imprisonment for six months due to a violation of the Labor Standards Act and became final and conclusive on March 12, 2018.
With the exception of adding “other than the foregoing,” it is identical to the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The aggravated Criminal Act for concurrent crimes.