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1. The judgment below is reversed.
2. Defendant shall be punished by a fine of KRW 1,000,000.
3. The above fine shall be imposed on the defendant.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.
2. Each of the instant crimes is an unfavorable circumstance, where each of the instant crimes was committed by the Defendant with delayed payment of KRW 14,030,000,000, which is the total amount of wages of two workers, and the nature of the relevant crime is not good. The Defendant has been punished as a crime of violating the Labor Standards Act even around May 2014, and the Defendant has not agreed with G workers until now.
However, it is favorable for the Defendant to make a confession of all of the crimes of this case, and the fact that the said employee is not subject to punishment against the Defendant by mutual agreement with E and the employee after the pronouncement of the lower judgment.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and other various sentencing conditions shown in the records and arguments, the sentence imposed by the lower court is deemed unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;