The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

(2) the date of this judgment.

1. Of the facts charged in the instant case, the lower court convicted each of the remaining facts charged (No. 27 or No. 32 per annum of crime sight table as indicated in the judgment) against the prosecution at least 33 times per annum of crime sight table as indicated in the instant facts charged.

However, since the defendant filed an appeal only for the guilty portion of the judgment of the court below on the grounds of unfair sentencing, and the dismissed portion of the judgment of the court below is separate due to the failure of both the defendant and the prosecutor to appeal for the dismissal portion of the prosecution, the scope of the trial per party

2. The sentence imposed by the lower court (five months of imprisonment and one year of suspended execution) on the Defendant is too unreasonable.

3. The judgment of the defendant has reached a unanimous agreement with four victims (total 14,800,000 won for overdue wages) of six victims (total 21,160,000 won for overdue wages). In light of the portion of the wages of the workers agreed in the total overdue wages, there is a change in the sentencing condition in consideration of the proportion of the wages of the workers agreed in the total overdue wages.

B. There are circumstances favorable to the defendant, such as the fact that the defendant shows the attitude of recognizing and opposing the defendant's crime, that the defendant has no record of punishment for the same kind of crime, and that there are circumstances that can be taken into account in the circumstances where the defendant was unable to pay wages.

In full view of these circumstances, considering the Defendant’s age, sex, environment, means and consequence of a crime, and circumstances that are conditions for sentencing as shown in the pleadings, such as circumstances after the crime, the Defendant’s assertion is reasonable, since the sentence imposed by the lower court is somewhat inappropriate.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are different from the judgment of the court below.