The judgment below

The remainder, excluding the dismissed part among the public prosecution, shall be reversed.

A fine of 2,500,000 won is imposed on a defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 3.5 million) is too unreasonable.

2. The amount of wages that the Defendant could not pay at the time of determination is the higher in total of KRW 36 million.

This is disadvantageous to the defendant.

However, the defendant recognized the crime of this case and is against the law.

In the past, the Defendant agreed with the damaged workers AA, Z, X, etc. in the first instance.

There is no criminal record for the defendant and there is no history of punishment exceeding the fine.

This is the circumstances favorable to the defendant.

In full view of such circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standard Act concerning selective labor, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On the grounds stated in the judgment on the unfair argument of sentencing prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the Disposition shall be determined.