beta
Text
The judgment below
The conviction part, excluding the rejection part of the application for compensation, shall be reversed.
Defendant 3,000,000 won.
Reasons
1. The court below rejected the application for compensation of the applicant, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from the scope of the trial
In addition, as to the violation of the Labor Standards Act due to the payment of wages to workers C among the facts charged in the instant case, the court below dismissed the prosecution on the grounds that the above C withdraws the intent to punish the Defendant, and sentenced him to the remainder of the facts charged. Since only the Defendant filed an appeal against the guilty part of the judgment below, the dismissed part of the indictment is separated and finalized, and it is excluded from the scope of
Therefore, the scope of this court's adjudication is limited to the conviction except the dismissed part of the judgment below.
2. Summary of grounds for appeal;
A. As to the case of "2018, 34" in the judgment of the court below, the defendant did not have worked B by concluding a labor contract with B.
B. The lower court’s sentence of unreasonable sentencing (fine 4.5 million won) is too unreasonable.
3. Determination
A. According to the records of ex officio determination, etc., the Defendant was sentenced to three months of imprisonment and a fine of KRW 800,000 for a violation of the Labor Standards Act at the Daegu District Court on October 19, 2017, and the judgment became final and conclusive on January 25, 2018. On December 19, 2017, the Daegu District Court sentenced two years of suspension of execution to six months for fraud in the Daegu District Court Kimcheon Branch, which became final and conclusive on November 15, 2018. Since each of the above crimes and the instant crimes for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, each of the crimes of this case are concurrent crimes under the latter part of Article 39(1) of the Criminal Act, in consideration of equity and cases where each of the crimes of this case becomes final and conclusive simultaneously with the instant crimes.