근로자퇴직급여보장법위반
The judgment below
Of them, the part of the prosecution against the violation of the Act on the Guarantee of Workers' Retirement Benefits is reversed.
1. With respect to the issue of the non-payment of retirement allowances against D among the facts charged in the instant case, each written agreement in the name of D submitted by the Defendant at the lower court (the page 21 of the trial record) is prepared by the Defendant at will without obtaining D’s permission.
However, the court below dismissed this part of the prosecution under the preceding agreement that the above agreement is authentic. The court below erred by misunderstanding the facts and misapprehending the legal principles on punishment conditions.
2. According to the evidence submitted by the Prosecutor, the Defendant, without obtaining D’s permission, prepared each of the above agreements in the name of D on May 15, 2017, and submitted it to the lower court, and the Defendant also recognized it in the first instance trial.
Therefore, each of the above agreements cannot be deemed as the expression of intention not to punish D's defendant, and the judgment of the court below which dismissed this part of the indictment on a different premise is erroneous in the misapprehension of facts.
3. In conclusion, the part of the judgment below dismissing the prosecution as to the violation of the Guarantee of Workers' Retirement Benefits against D pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is well-grounded, is reversed, and it is again decided as follows.
[Reasons for the new judgment] The defendant was sentenced to a suspended sentence of two months on July 22, 2016 by the Daejeon District Court for the violation of the Guarantee of Workers' Retirement Benefits Act, and the judgment became final and conclusive on January 27, 2017. The facts charged in this case were sentenced to a suspended sentence of one year on February 23, 2017, and the defendant was sentenced to a suspended sentence of one year on March 3, 2017, for the violation of the Guarantee of Workers' Retirement Benefits Act, on March 2, 2017. However, the defendant was sentenced to a suspended sentence of two years on July 22, 2016, and was sentenced to a suspended sentence of two years on July 22, 2016. In light of the above facts, the crimes in this case and the concurrent crimes in Article 37 of the Criminal Act are concurrent crimes.