All convictions in the judgment of the court below are reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that this shall not apply.

1. The first instance court, among the facts charged against the Defendant, convicted the Defendant as to the violation of the Labor Standards Act against workers B and C, dismissed the prosecution, the remaining violation of the Labor Standards Act against the Defendant, and the violation of the Guarantee of Workers' Retirement Benefits Act. The second instance court, among the facts charged against the Defendant, convicted the Defendant of the dismissal of prosecution, the remaining violation of the Labor Standards Act against the Defendant, and the violation of the Guarantee of Workers' Retirement Benefits Act.

Since only the Defendant appealed against the convictions in the judgment of the court of first and second instance, the dismissal of prosecutions in the judgment of the court of first and second instances was separated and finalized, and excluded from the scope of the judgment of the court of original instance

2. The main point of the grounds for appeal is that the punishment of the lower court (the 6 months of imprisonment, the 1 year of suspended sentence, the 2 year of suspended sentence: the 3 months of imprisonment and the 1 year of suspended sentence) is too unreasonable.

3. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and second judgment against the defendant was rendered, and the defendant filed an appeal against the guilty part among the judgment of the first and second judgment, and this court decided to hold concurrent hearings of the above two appeals. Each of the crimes against the defendant in the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the conviction part among the judgment of the second and the second judgment cannot be maintained.

4. As such, the first and second judgment of the court below's convictions on the grounds of the above ex officio reversal, without examining the defendant's assertion of unfair sentencing, the convictions in the first and second judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act are reversed, and the following is again decided after pleading.

【Discretionary Judgment】 Summary of Criminal facts and Evidence