The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 100,000.

The above fine shall be imposed on the defendant.

1. The lower court dismissed the prosecution as to the violation of the Labor Standards Act against Workers B, C, and D among the facts charged in the instant case, and sentenced the remainder of the facts charged.

However, since only the Defendant appealed on the conviction part of the judgment below and did not appeal all the prosecutor and the Defendant with respect to the dismissal of prosecution, the dismissal of prosecution in the judgment below became final and conclusive as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. The summary of the grounds for appeal that the court below rendered by the defendant is too unreasonable as the penalty (a fine of 300,000 won) imposed by the defendant is too unreasonable.

3. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to a suspended sentence of four months to a crime of violating the Labor Standards Act at the Incheon District Court on June 9, 2016, and the above judgment became final and conclusive on June 17, 2016. Therefore, the crime of the lower court’s judgment and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act are concurrent crimes.

Therefore, the sentence shall be determined in consideration of equity in the case where the above judgment was rendered simultaneously with the crime that became final and conclusive in accordance with Article 39(1) of the Criminal Act. Therefore, the conviction part of the judgment of the court below cannot be maintained in this respect.

4. Accordingly, the judgment of the court below is reversed in the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after hearing.

Criminal facts

The summary of the facts and evidence acknowledged by the court, and the summary of the evidence, are as follows: ① "criminal facts" in the first head of the judgment of the court below, and the defendant was sentenced to a suspended sentence of four months for a violation of the Labor Standards Act at the Incheon District Court on June 9, 2016, and was sentenced to a suspended sentence of one year on June 17, 2016.