근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (the imprisonment of eight months, the suspension of execution of two years, and the community service order80 hours) is too unreasonable.
2. In light of the fact that the defendant delayed payment of wages with 66 workers, the wage amounting to 6,133,581 won in total, and that the defendant did not reach an agreement with 53 workers (5,261,051 won in arrears) from among the workers who had not been paid wages up to the trial, that there is the same previous department of fines, and that the payment of wages is a key factor that guarantees the basic life of workers, and that the payment of wages is not made because it is a key factor that guarantees the basic life of workers, it is stipulated that the Labor Standards Act should be strictly punished, unlike the case of default in general, the defendant should be subject to strict punishment corresponding thereto.
However, in light of the following circumstances acknowledged by the record, i.e., the defendant has a depth of his mistake, and the defendant was charged with delayed payment of 328,594,816 won in total for workers, but as a result of efforts to recover the damage of workers, part of the public prosecution was revoked by agreement with 113 workers at the court below, and the defendant has made an additional agreement with 13 employees after the decision of the court below was made, and the defendant has continued to pay the unpaid wages, as well as the following circumstances, such as the age, character, occupation, occupation and environment of the defendant, motive and circumstance leading to the crime of this case, the result of the crime, the circumstances before and after the crime, the records and arguments of this case, and various circumstances that form the conditions of sentencing as shown in the records and arguments, the court below's sentencing is deemed to be inappropriate.
3. As such, the defendant's appeal pointing out the point of unfair sentencing is with merit, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows
Re-use.