근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of April and the fine of KRW 3,00,000) is too unreasonable.
2. The Defendant did not pay wages, etc. to three workers exceeding 50 million won in total, and there is a need to do solemnly since the nature of the crime is not less than that of the crime.
On the other hand, however, considering the fact that the defendant's mistake is recognized, the defendant seems to have an opportunity to reflect to a certain degree through the life of the prison in this case, the defendant's agreement with all workers after the pronouncement of the judgment of the court below expressed his intention that he does not want the punishment of the defendant, there is no record of punishment for the same kind of crime, and other various sentencing conditions in the records and arguments, such as the defendant's age, sexual behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment of the court below is too unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed in accordance with the new theory of change.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, and Articles 109(1), 43 of the Act on the Standards for Selective Labor (consecting to a fine, including violations of wage payment regulations), 109(1), and 36 of the respective Labor Standards Act (consecting to a retired worker’s wages, and selecting a fine);
1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in a violation of the Labor Standards Act due to a violation of the most severe wage payment regulations);
1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.