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The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of one million won.
except that this judgment.
Reasons
1. The lower court dismissed the prosecution on the violation of the Labor Standards Act among the facts charged in the instant case, and convicted the remainder of the charges.
In regard to this, only the Defendant appealed, and the reason for appeal appears to the effect that the Defendant’s appeal was heavier than that of the judgment of the court below. Furthermore, since the Defendant’s appeal for the Defendant is based on the claim for a judgment disadvantageous to the Defendant by correcting a disadvantageous judgment against the Defendant, the Defendant cannot have the right to appeal unless the judgment is disadvantageous to himself/herself, and the Defendant, upon dismissal of public prosecution, is out of the risk of conviction due to having returned to the state where the public prosecution was not instituted, and thus, the judgment cannot be deemed disadvantageous to the Defendant (see, e.g., Supreme Court Decision 85Do1675, Nov. 8, 198). In light of the foregoing, it is reasonable to view that the
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The summary of the grounds for appeal is that the penalty of conviction (one million won of fine) in the judgment of the court below is too unreasonable.
3. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after committing the instant crime, etc., the sentence of the guilty portion of the lower judgment seems to be too unreasonable, and thus, the Defendant’s assertion is reasonable, since it appears that the Defendant’s punishment of the guilty portion of the lower judgment is too unreasonable, inasmuch as it appears that the Defendant’s punishment of the remaining workers except for the Workers H is too unreasonable, except for the Defendant who was sentenced to a fine of KRW 700,000 for the last 15 years, with the exception of a violation of the Labor Standards Act in 2014.
4. Thus, the defendant's appeal is correct.