The part of the judgment of the court of first instance and the judgment of the court of second instance regarding the conviction shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The suspended sentence of one year and two months in the imprisonment sentenced by the first instance judgment against the Defendant (unfair sentencing) and one year in the imprisonment sentenced by the second instance is too unreasonable.

B. It is unfair that the year of suspended execution is too unhued in four months of imprisonment with prison labor sentenced by the second instance court (unfair sentencing) of the prosecutor, which is sentenced by the defendant.

2. Prior to the judgment of the lower court as to each of the unlawful arguments of sentencing by the Defendant and the Prosecutor, the first instance court decided to hold a concurrent hearing of each of the appeals cases against the lower judgment. Since each of the offenses against the convictions in the first and second lower judgment constitutes ordinary concurrent crimes and concurrent crimes, one of the judgment of the lower court should be sentenced. As such, the convictions in the first and second lower judgment cannot be maintained any more.

3. In conclusion, the guilty part of the judgment of the court below of first and second instances is reversed ex officio as seen earlier, and the judgment of the court below of first and second instances is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the conviction part of the judgment of the court below of first and second instances is reversed, and it is again decided as follows.

【Re-written judgment】 The criminal facts of the defendant and the summary of the evidence recognized by the court are as shown in the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1), 36 (outstanding Wages, etc. for Retired Workers), 109(1), and 43 of the Labor Standards Act (outstanding Wages, etc. for Re-employed Workers), Articles 44 subparag. 1 and 9 of the Guarantee of Retirement Benefits Act (outstanding Wages, etc.), Articles 28(1), and 6(1) (outstanding Wages, etc.) of the Minimum Wage Act (outstanding Wages, etc. for Retired Workers) concerning facts constituting an offense;

1. Commercial concurrence;