근로기준법위반등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Of the facts charged in the instant case, the lower court dismissed the public prosecution regarding the violation of the Labor Standards Act and the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act, and sentenced the judgment of conviction against the remainder of the facts charged, and appealed against the aforementioned guilty portion.
Therefore, since the dismissal part of the judgment of the court below which did not appeal both the defendant and the prosecutor becomes final and conclusive, it is limited to the guilty part of the judgment below.
2. The decision of the court below against the defendant on the summary of the reasons for appeal (the imprisonment of four months and the suspension of execution of one year) is too unreasonable.
3. The defendant agreed to pay all wages in arrears to workers E and F in the trial of the party. The crime of this case is a case of dismissal of public prosecution if the court below agreed to do so as to be a crime of non-performance of opinion.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the sentence of the lower court is unreasonable.
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 with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. A fine of five million won to be suspended;
1. Attraction of a workhouse;