The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

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 facts charged.

However, the defendant appealed only to the guilty portion of the judgment below, and the dismissed portion of the judgment of the court below is separate and finalized due to the prosecutor's failure to appeal the dismissed portion of the public prosecution, and only the remaining guilty portion is subject to

2. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable.

3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

According to the records of this case, the Defendant, at the Incheon District Court on January 4, 2017, sentenced one year of suspended sentence to six months of imprisonment for a violation of the Labor Standards Act and a violation of the Guarantee of Workers' Retirement Benefits Act, and became final and conclusive on January 12, 2017. As such, the crime for which the judgment became final and conclusive and the crime of this case are concurrent crimes in the latter part of Article 37 of the Criminal Act, and the crime of this case are determined by taking into account the case of concurrent crimes under Article 39(1) of the Criminal Act and equity, so the judgment of the court below cannot be maintained in this respect.

4. Thus, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by this court is as follows: (a) The Defendant was sentenced to one year of suspended execution on January 12, 2017 by imprisonment with prison labor for a violation of the Labor Standards Act and a violation of the Guarantee of Workers' Retirement Benefits Act at the Incheon District Court on January 4, 2017; and (b) the above judgment became final and conclusive on January 12, 2017.

Except for the addition of “,” the corresponding columns of the lower judgment.