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The prosecutor's appeal is dismissed.
Reasons
1. The court below dismissed the prosecution against the defendant as to the violation of each labor standard law stated in the annexed document Nos. 1 through 17, 19, and 38 among the facts charged in this case, and found the defendant guilty as to the remainder of the facts charged. The part dismissing a public prosecution for which the prosecutor did not appeal due to only the prosecutor's appeal as to the guilty portion becomes final and conclusive after the lapse of the appeal period. Thus, the court below's decision should be made only for the guilty portion among the judgment below.
2. The penalty (two million won in penalty) declared by the lower court on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
3. It is recognized that 19 workers are paid wages exceeding a total of 10,700,000 won to 19 workers, and that workers have not received correspondence.
However, in light of the fact that the Defendant made a confession of all the crimes and divided his mistake, the Defendant was sentenced to a fine of KRW 1 million in violation of the Industrial Safety and Health Act in around 1998, and there was no particular record of crime, and that the 11 employee was paid a total of KRW 6,779,980 from the Labor Welfare Corporation, and the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the crime, are too uncomponed and unfair.
Therefore, prosecutor's assertion is without merit.
4. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 70 of the Criminal Procedure Act). However, since it is apparent that the application of the law in the judgment of the court below was omitted due to this error after the "Article 70 of the Criminal Act" after the "Article 70 of the Criminal Act" of the detention in the workhouse, it is corrected to add it ex officio under Article 25(1)