근로기준법위반등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.
2. The fact that the judgment is recognized and reflects the crime, and that there is no criminal record for the same kind of crime is favorable to the defendant.
However, in full view of the following circumstances: (a) the sum of the wages and retirement allowances in arrears of the Defendant exceeds KRW 14 million; and (b) remains without repayment until now; (c) there is no special change in circumstances after the pronouncement of the lower judgment; (d) the equity in sentencing with the same and similar cases; and (e) the Defendant’s age, sex, environment, family relationship, and other circumstances constituting the conditions for sentencing as indicated in the instant case, it is difficult to deem that the lower court’s punishment is too unreasonable.
Therefore, we do not accept the above argument of the defendant's above sentencing.
3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that the part of “Article 37 of the Aggravated Punishment of Concurrent Crimes, Articles 38(1)2 and 50 of the Criminal Procedure Act” in the application of the law of the lower judgment is apparent to have been omitted, and thus, it is to be corrected to add it ex officio under Article 25(1) of the Regulation on the Criminal Procedure