근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The court below sentenced the judgment dismissing the prosecution of the part concerning C and D among the facts charged in this case, and sentenced the remainder of the facts charged. The defendant appealed only for the guilty part, and the dismissal part of the above indictment became final and conclusive as it is because both the defendant and the prosecutor did not appeal for the dismissal part of the prosecution. Thus, the scope of the court's judgment is limited to the conviction part among the judgment below.
2. The decision of the court below (6 months of imprisonment and 2 years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.
3. As to the instant crime, the act of delayed payment of wages, etc., like the instant crime, is a crime that undermines the basic life of workers and threatens their family's survival, and there is a need to strictize. The fact that the amount of the unpaid wages and the unpaid retirement allowances considerably exceeded KRW 44 million is disadvantageous to the Defendant.
However, in full view of all the sentencing conditions, including the defendant's age, sex, environment, motive and circumstances leading to the crime, and circumstances after the crime, the sentencing of the court below seems to be unfair because of the fact that the defendant recognized the crime of this kind, there was no other criminal record except that having been punished once due to the crime of this kind in 2004, and that E did not want the punishment of the defendant by unanimous agreement with the worker E in the past, and that E does not want the punishment of the defendant. The above argument by the defendant is reasonable.
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.