근로기준법위반등
The judgment below
The guilty portion shall be reversed.
Defendants shall be punished by a fine of KRW 15 million.
The Defendants respectively.
1. Of the facts charged against Defendant A, the lower court dismissed the prosecution as to the violation of the respective Labor Standards Act against Workers E, F, G, H, and I, and convicted the remainder of the facts charged.
However, since only Defendant A appealed on the guilty portion of the judgment below and did not appeal all the prosecutor and the aforementioned Defendant with respect to the dismissal of prosecution, the dismissal of prosecution in the judgment below became final and conclusive as it is.
Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.
2. The summary of the grounds for appeal is too unreasonable that each punishment (eight months of imprisonment and two years of suspended execution) declared by the court below to the Defendants is too unreasonable.
3. In light of the background, content, and method of the instant crime, etc., the liability for the instant crime is not provided against the Defendants, the total amount of damage caused by the fraudulent crime is not less than KRW 60 million, the unpaid wage is more than KRW 140 million, and the unpaid wage is more than KRW 140 million, and there are still no agreements with a considerable number of workers, etc., which are disadvantageous to the Defendants.
However, in light of the favorable circumstances, such as the Defendants’ perception of all the instant crimes, the Defendants’ attitude against the victims of fraud, the full agreement was reached in the course of paying the amount of damage to the victims, the considerable portion of the unpaid wage was paid as substitute payment, and the Defendant A’s payment of the unpaid wage appears to have been made in the rehabilitation procedure for the Defendant A, and there was no record of punishment exceeding the fine prior to the instant case, and Defendant B did not have any record of criminal punishment prior to the instant case, and other favorable circumstances, such as the Defendants’ age, character, character, environment, method of crime, circumstances after the instant crime, and criminal record, and all the sentencing conditions indicated in the instant records and arguments, the lower court’s punishment against the Defendants is unreasonable.
4. In conclusion, the Defendants’ appeals are all filed.