Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than three months.
(2) the date of this judgment.
Reasons
1. The sentence imposed by the court below (three months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The sum of the unpaid wages of this case is about 48 million won, and the defendant did not pay wages during the period of at least one year and six months from the date of the victim's retirement, and it seems that the victims suffered considerable pain.
However, the defendant recognizes the crime of this case and reflects it, and there is no record of criminal punishment for the same crime.
In addition, in the course of the trial of the court below, the victims made efforts to recover damage by depositing 300,000 won for the victims except the victims J, and the victims except the victims K and J agreed to the extent that they want to move back to the defendant.
In addition, in full view of the various circumstances that are the conditions for sentencing as shown in the instant case’s records and arguments, such as the Defendant’s age, sex, environment, details and contents of the offense, and circumstances after the offense, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s above assertion is reasonable.
3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the description of each 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. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the Act on the Standards of Imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;