The guilty portion of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The lower court dismissed the prosecution on the ground that the victims explicitly expressed their intent not to punish the Defendant, as to the violation of the Labor Standards Act among the lower judgment of the second instance.

Since only the defendant appealed against the guilty portion, the dismissed portion was excluded from the object of attack and defense between the parties, and there is no matter to be deliberated and judged ex officio.

Therefore, the scope of this court's adjudication is limited to the conviction of the first and second judgment, and the judgment of the court below with respect to the dismissal of public prosecution, and it shall not be judged again.

2. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 2 years and 6 months, and the second instance judgment: imprisonment with prison labor for 6 months) declared by the lower court is too unreasonable.

3. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the conviction part of the judgment of the court below and the judgment of the court below in the judgment of the court below of first and second pursuant to Article 364(2) of the Criminal Procedure Act, on the ground that

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;