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The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, two years of suspended sentence, and community service order) of the lower court is too unreasonable.
2. The judgment of the court below is unreasonable in light of the following: (a) the Defendant led to the confession and reflect of the instant crime; (b) there are circumstances that may be considered in the course of the commission of the crime; (c) the Defendant did not have any previous offense except for the punishment imposed once in 1987; (d) the substitute payment was made to some workers; and (e) the Defendant’s age, character and conduct, environment, means and consequence; and (e) other conditions of sentencing, including the circumstances after the commission
Therefore, the defendant's argument is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are as stated in the corresponding column of the judgment below, except where "O" No. 11 in the annexed table of the judgment below is " Q" as stated in the corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 109(1) of the Act on the Punishment of Criminal Crimes and Article 109(1) of the Labor Standards Act (Provided, That the part regarding workers E in the list of crimes attached to the judgment of the court below, prior to being amended by Act No. 15108, Nov. 28, 2017); Article 36 (Violation of Duty to liquidate Money and Valuables); Selection of fines
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act concerning confinement in a workhouse;
1. The decision on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is based on the same reasons as indicated in the decision on the allegation of unfair sentencing on the grounds of sentencing.