근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The lower court’s punishment (one year of suspended sentence in six months of imprisonment) against the accused against the summary of the grounds for appeal is deemed to be too unhued and unfair.
2. The Defendant’s confession of all of the instant crimes, and the Defendant appears to have led to the instant crime as a result of accumulation of deficit due to his/her business depression during the operation of his/her business; the damaged workers’ substitute payment (D: 15,600,00 won, E: 11,951,060 won) appears to have been paid by substitute payment; and the Defendant is the primary offender with no criminal power. However, the instant crime is established under favorable circumstances such as the Defendant’s failure to pay two workers’ wages or retirement allowances within the statutory due date. However, the Defendant’s failure to pay the said workers’ wages or retirement allowances within the statutory period, including the wage for the period from August 2012 to 17 months, and the Defendant appears to have suffered considerable economic suffering from the Defendant’s failure to receive them; the Defendant’s total amount of damages and the amount of damages to which the Defendant did not receive wages or retirement allowances, and the Defendant’s assertion that he/she did not receive wages from the Defendant’s workers and substitute payment of the said wages, which did not reach the Defendant’s duty to receive wages.
3. Thus, the prosecutor's appeal is reasonable, and Article 364 (6) of the Criminal Procedure Act is reasonable.