The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

The decision of the court below on the summary of the reasons for appeal (4 months of imprisonment) is too unreasonable.

In light of the records of this case, prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was sentenced to a two-year suspended sentence in October of imprisonment without prison labor for a crime of occupational injury or injury at the Ulsan District Court on May 19, 2016, and the judgment became final and conclusive on October 21, 2016.

Therefore, each of the above crimes in the holding of the court below is in the relation of concurrent crimes between occupational injury and actual injury for which judgment has become final and conclusive in accordance with Article 37 of the Criminal Act, and the punishment should be determined in consideration of equity with the case to be judged at the same time in accordance with Article 39(1) of the Criminal Act. Thus, the judgment of the court below which did not take the above measures cannot avoid reversal without examining

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the defendant's improper assertion of sentencing as seen above, and the following is again decided after pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court and the summary of evidence are all recorded in the facts constituting a crime in the judgment below, and the defendant is a person who was sentenced to a suspended sentence of two years on October 21, 2016 at the Ulsan District Court on May 19, 201 and sentenced to a suspended sentence of two years on the grounds of a crime resulting from an occupational injury or injury in the course of business.

“1. A previous conviction in the judgment of the court below” and the summary of the evidence is identical to each corresponding part of the judgment of the court below, except for the addition of “1. Criminal history inquiry and sentence” to the summary of the evidence, thereby citing it by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109(1), Article 36 of the Labor Standards Act (the fact that wages are not paid at the time of retirement of D), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that wages are not paid at the time of retirement of D) concerning facts constituting an offense;

1. The Commercial Concurrent Crimes Act.