근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The instant crime, based on the judgment, is that the Defendant did not pay a total of KRW 41,785,000 to seven workers while operating a construction enterprise; in light of the substance of the instant crime, such as the overdue amount, etc., the criminal liability is grave; and the Defendant committed the instant crime even if he had been punished several times for the same kind of crime, and the Defendant committed the instant crime, which is disadvantageous to the Defendant.
However, in consideration of the fact that the defendant led to the confession of the crime of this case, and that the defendant paid the overdue wages of KRW 32,795,000 in total to the victims up to the present time by additionally paying the overdue wages of KRW 20,795,00 in the first instance trial, that the defendant has no record of criminal punishment exceeding the fine up to the present time, and that the defendant has no record of criminal punishment up to the present time, and all other circumstances constituting the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the sentence of the court below against the defendant is too
Therefore, the defendant's argument of sentencing is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Judgment in its entirety] The summary of facts constituting an offense and evidence admitted by this court is as follows. The summary of facts constituting an offense and evidence admitted by this court is as follows: (a) except for correcting “J” to K” an employee “J” in the column of “criminal facts” in the judgment of the court below, since it is identical to the corresponding column in the judgment of the court below, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions, Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and the choice of imprisonment for each type of crime;
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. Suspension of execution;