근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.
2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.
Article 1 of the Criminal Act provides that a person who violates Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won, but Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”) provides that “Any person who violates Article 36 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won.” However, Article 109(1) of the Labor Standards Act, which was amended by Act No. 15108, Nov. 28, 2017 (from six months after the date of promulgation) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.”
Therefore, since the legal penalty of the new law is more severe than that of the former law, the court below erred in misunderstanding the legal principles that determine the punishment of the defendant by applying the new law, so the judgment of the court below cannot be maintained any more.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal of authority, and the judgment below is reversed and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is recorded in the corresponding column of the judgment of the court below, except where the part of “the person against whom the crime was committed,” No. 9 of the judgment of the court below, as “the defendant’s person.”