근로기준법위반
1. All the judgment below is reversed.
2. The defendant shall be punished by imprisonment for six months;
3.Provided, That this judgment has become final and conclusive.
1. The summary of the grounds for appeal (the first instance judgment: the fine of 2,00,000 won, the second instance judgment: imprisonment with prison labor of 6 months, the suspended execution of 1 year and 6 months, the community service work hours of 100 hours) that were pronounced by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal, the judgment of the court below Nos. 1 and 2 was examined and sentenced separately, and the defendant filed an appeal against the above Nos. 1 and 2, and this court decided to hold concurrent hearings of the above two appeals. Each of the crimes in the judgment of the court below in the first and second instances shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below against the defendant cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and it is again decided following the pleadings.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by this court is identical to the corresponding column of the judgment of the court below, except for the modification of “G” to “D” among the judgment of the court of the court of the second instance. As such, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 109 (1) and the main text of Article 36 of the Labor Standards Act, and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The fact that the reasons for sentencing under Article 62-2 of the Social Service Order Act are many victims who did not pay wages and the amount that the defendant could not have been punished for the same kind of crime, and the defendant's wages shall be paid.