근로자퇴직급여보장법위반
The judgment below
The guilty portion against the Defendants is reversed.
The sentence of punishment against the Defendants shall be suspended.
1. The summary of the grounds for appeal against the Defendants of the lower court’s punishment (2 million won by each fine) is too unreasonable.
2. In light of the following: (a) when the judgment F was made in the first instance, the Defendants expressed their attitude of not imposing punishment against the Defendants; (b) when the Defendants were in the first instance trial, the Defendants recognized the instant crime and expressed their attitude against the Defendants; (c) there appears to be circumstances to consider the circumstances of the instant crime; (d) Defendant A was only one criminal record of a fine before about 30 years; and (e) Defendant B had no criminal record, the following factors were taken into account: (a) the Defendants’ age and happiness environment; (b) relationship with the victims; (c) details and details of the instant crime; and (d) the circumstances after the commission of the crime, etc., the lower court’s punishment against the
3. As the appeal by the Defendants is well-grounded, the conviction part of the judgment below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed as follows.
【Grounds for the Judgment of the court below which has been written] The facts constituting a crime and the summary of the evidence acknowledged by the court below and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except for adding "the defendant's testimony at each trial" to the summary of the evidence, since it is identical to each corresponding column of the conviction part against the defendants.
Application of Statutes
1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, Article 30 of the Criminal Act and the choice of fines;
1. 80,000 won for each fine to be suspended;
1. Articles 70 (1) and 69 (2) (100,000 won per day) of the Criminal Act for the detention of a workhouse;
1. The sentencing conditions examined in the "2. Judgment" item of Article 59(1) of the Criminal Code of the Suspension of Sentence were considered.