All appeals by the defendant and the prosecutor are dismissed.

1. The lower court found the Defendant guilty on the violation of the Labor Standards Act regarding C among the facts charged in the instant case, and found the Defendant guilty on the violation of the remaining Labor Standards Act.

However, since the defendant and the prosecutor filed an appeal only for the guilty part, the dismissed part of the above indictment was separated and finalized as it is.

The judgment of this court is limited to the guilty part of the judgment of the court below.

2. Summary of reasons for appeal;

A. The sentence of the lower court (200,000 won 5,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The Defendant did not pay each kind of allowance for 12 months for 7 workers who are up to 10 million won in total, as well as 10 million won, and that the nature of the crime is not weak, and that the Defendant was sentenced several times to a fine for the same kind of crime, etc.

On the other hand, the fact that the defendant recognized the mistake and reflects, the fact that the defendant appears to have taken into account the circumstances leading to the crime of this case, and the fact that all the overdue wages were paid is favorable.

In addition to these circumstances, in full view of all the factors of sentencing as indicated in the records and theories of this case, including the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too minor or unreasonable.