근로기준법위반등
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall be imposed on the defendant.
1. Of the facts charged in the instant case, the lower court dismissed the prosecution against the violation of the Labor Standards Act and the violation of the Act on the Guarantee of Workers' Retirement Benefits, and convicted the workers E of violating the Act on the Guarantee of Workers' Retirement Benefits.
In this regard, only the defendant appealed against the conviction, and since the prosecutor did not appeal against the dismissal of public prosecution, the dismissal of public prosecution which the defendant and the prosecutor did not appeal was separated and finalized as it is.
Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.
2. The decision of the court below on the summary of the grounds for appeal (700,000 won of fine) is too unreasonable.
3. We examine ex officio the grounds for appeal prior to the judgment ex officio.
According to the evidence duly adopted and examined in the trial, the defendant was sentenced to three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Yongsan District Court on November 20, 2018, and the judgment became final and conclusive on June 14, 2019.
However, since the crime of this case by the defendant is concurrent crimes with the above crime for which judgment has become final and the latter part of Article 37 of the Criminal Act, punishment shall be determined in consideration of equity with the case where judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, the guilty part of the judgment below
4. The guilty portion of the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the following is again decided after pleading.
【Grounds for the Judgment of the Supreme Court, 【The facts constituting a crime and the summary of the evidence admitted by the Court,” and the summary of the evidence, are as follows: “The defendant is in the front of the facts constituting a crime in the judgment of the court below.”