근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The sentence of the court below (two years of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.
Judgment
The crime of this case is that the defendant will pay the full amount of wages of workers from the original subsidiary E after a temporary holiday, even if he receives the full amount of wages from the original subsidiary E.
Along with the worker's awareness, the worker did not pay a total of 32,2360,000 won of wages of 80,000 won due to the gap in the annual leave. In light of the circumstances of the crime, method, and amount of overdue payment of wages, etc., the criminal liability is heavy, and the defendant used the aforementioned crying money for personal purposes through money laundering process, and the defendant used the whole amount for personal purposes, and intentionally concealed property, such as disposal of the apartment owned by the defendant in advance, etc., is also found disadvantageous to the defendant.
However, the Defendant committed the instant crime because the Defendant led to his confession of the instant crime, which reflects his depth on the Defendant’s mistake, the Defendant agreed with 29 victimized workers and the Defendant did not want to punish the Defendant; the Defendant appears to have committed the instant crime because the management situation of F, a ship block assembly company operated by the Defendant due to the depression of shipbuilding games, is somewhat difficult; and the Defendant voluntarily surrendered on April 25, 2016 when the Defendant lives after committing the instant crime, and the Defendant voluntarily surrendered on April 25, 2016; the Defendant was physically disabled with disability 2; there was no particular criminal history; and the Defendant’s age, sexual behavior, and environment, etc. were taken into account, the Defendant’s punishment against the Defendant is too unreasonable.
Therefore, the defendant's argument that the above sentencing is unfair is justified.
In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.