근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The fact that the Defendant’s total amount of wages in arrears exceeds KRW 64,50,00,000, and that there is a record of criminal punishment for the same kind of crime, etc. is disadvantageous to the Defendant.
However, in consideration of the favorable circumstances such as the recognition of the crime and the reflection of the crime, the fact that the employee F and the original agreement was reached in the past, and other factors of sentencing as shown in the record and the changed theory, such as the defendant's age, sexual conduct, environment, and the circumstances after the crime of this case, the punishment sentenced by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading, on the grounds that the above argument of the defendant's above unfair sentencing by the defendant is with merit (the prosecutor's appeal is without merit, but the prosecutor's appeal is not dismissed in the order as long as the defendant's appeal is accepted and the judgment of the court below is reversed). 【The judgment re-written is identical to the facts constituting the crime and the summary of evidence recognized by the court, and the summary of evidence are the same as the corresponding column of the judgment of the court below.
Application of Statutes
1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentence is determined as per the order, taking into account the various factors of sentencing as stated in the above judgment on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, taking into account the reasons for sentencing.