근로기준법위반
1. The part concerning the second and third crimes of the judgment of the court below shall be reversed.
2. The defendant is punished by a fine of KRW 500,00.
1. The summary of the grounds for appeal (the sentence of imprisonment with prison labor for 6 months and 2 years suspended of execution for the first crime, and the fine of 1,00,000 won for the second and third crimes in its holding) is excessively unreasonable.
2. Determination
A. Criminal facts of this case are that the Defendant, who operated a convalescent hospital and a restaurant, did not pay total of KRW 95,070,440 to 25 workers.
B. There is a favorable circumstance such as the fact that the defendant's judgment on the punishment of the crime No. 1 as stated in the judgment of the court below recognized all of the crimes of this case and reflects it, and the crime No. 1 as stated in the judgment of the court below should consider equity with the case where the judgment was rendered at the same time in the relation of concurrent crimes under the latter part
However, in light of the Defendant’s age, character and conduct, environment, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment as to the crime No. 1 in its holding is too unreasonable, and it is difficult to view that the lower court’s punishment is too unreasonable.
Therefore, this part of the defendant's argument is without merit.
C. There is no fact that the defendant paid wages to the above employees up to the trial court for the judgment on the punishment of the crime No. 2 and the crime No. 3 in the holding of the court below, and the defendant committed some of the crime of this case during the suspended execution period due to the crime of fraud.
However, when the defendant was in the trial, he recognized all of the crimes of this case, and expressed his intention not to be punished by the defendant. The records and arguments of this case, such as the defendant's age, character and conduct and environment, means and result of the crime, and circumstances after the crime, etc., have been committed.