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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
1. Of the instant facts charged, the lower court dismissed the prosecution as to the violation of each of the labor standard laws against B, C, D, E, F, G, and H, and the violation of each of the labor standard laws against K, J, K, K, L, M, N,O, P, Q, Q, and R, and the violation of the Guarantee of Workers’ Retirement Benefits Act, and convicted the remainder of the charges.
However, the defendant and the prosecutor appealed only to the guilty portion of the judgment of the court below, and all the defendant and the prosecutor did not appeal to the dismissed portion of the public prosecution, so the dismissal portion of the judgment of the court below becomes final and conclusive separately, and only the guilty portion is the object of the
2. The summary of the grounds for appeal filed each appeal on the grounds that the Defendant was too unfilled and unfair due to the lower court’s punishment (eight months of imprisonment). The Prosecutor filed each appeal on the grounds that the lower court’s punishment is too unfluent and unfair.
3. There are 81 employees who did not receive the judgment, 34 employees who did not receive retirement allowances, and the total amount of wages and retirement allowances that employees did not receive is large to 6.7 million won, and employees who did not suffer from considerable economic and psychological distress due to delayed payment of the wages and retirement allowances in this case are considered to be disadvantageous to the Defendant.
However, in light of the following circumstances: (a) the Defendant recognized the instant crime; (b) there is no record of punishment exceeding the same kind of crime and fine; (c) substitute payment paid to employees KRW 501,279,550 (wages 251,101,210; and (d) 41 out of the victims of the violation of the Labor Standards Act; and (c) the agreement between 15 out of the victims of the violation of the Labor Standards Act and 15 of the victims of the violation of the Guarantee of Workers’ Retirement Benefits Act, etc., the lower court should take into account the Defendant’s age, sex, environment, motive and background of the instant crime, means and method of the crime; and (d) the circumstances after the commission of the crime.