근로기준법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence in the month of imprisonment with prison labor, two years of suspended sentence, and eight hours of community service order) is too unreasonable.
2. Although the amount of unpaid wages is not small, there is a disadvantage to the defendant, such as the fact that there is a history of criminal punishment for the same kind of crime, etc., the court below's sentence is somewhat unreasonable in full view of all the sentencing factors as shown in the arguments of this case, including the defendant's age, sex, environment, health conditions, motive, means and consequence of the crime, etc., and the fact that the defendant has been sentenced to criminal punishment beyond the fine, and that there is no history of criminal punishment.
3. According to the 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 well-grounded, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the gist of the evidence admitted by this court is as follows: The summary of the evidence is cited in the judgment below, except that the phrase “the Defendant’s partial statement in the first public trial protocol” as “the Defendant’s trial statement in the first public trial protocol” is the same as the corresponding column of the judgment below.
Application of Statutes
1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration of the favorable circumstances as seen in the above reversal ground);