beta
Text
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The court below dismissed the prosecution against the defendant as to the violation of the Labor Standards Act against the workers (B, C, D, E, E, F, G, H, H, I, K, L, M, N, and N) Nos. 1, 2, 3, 4, 5, 6, 7, 10, 13, 14, 17, 18, and 19 of the annexed list of crimes committed against the defendant among the charges against the defendant, and sentenced the defendant guilty as to the remainder of the charges. Since the defendant and the prosecutor appealed only the guilty part and dismissed the prosecution without appeal, the court below's judgment is limited to the above guilty part.
2. Summary of grounds for appeal;
A. The Prosecutor’s sentence of the lower court (2 million won of a fine) is too unhued and unreasonable.
B. The lower court’s punishment is too unreasonable.
3. According to the ex officio decision-making record as to the worker S portion, the court below erred by failing to dismiss the public prosecution as to the violation of the Labor Standards Act against the above worker, despite the submission of a written agreement by the worker (S) No. 15 No. 15 of the annexed crime sight table on November 26, 2018
[On the other hand, the court below dismissed the prosecution as to the violation of the Labor Standards Act against workers (K), 14 times which did not submit a written agreement, but the prosecutor appealed only for the guilty part and the defendant and the prosecutor did not appeal to dismiss the public prosecution. The above part of the judgment of the court below became final and conclusive. Thus, the part of the judgment of the court below as to the above workers S has the above reasons for ex officio reversal, and since the above part is in a relation of substantive concurrent crimes with the remaining parts recognized as guilty, the judgment of the court below
Therefore, without examining the argument of unfair sentencing by the defendant and the prosecutor, the guilty part of the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court, as well as evidence related thereto.