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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
provided that this ruling has become final and conclusive.
Reasons
1. Scope of the party examination, and a summary of the grounds for appeal;
A. Of the facts charged in the instant case, the lower court rendered a judgment dismissing the prosecution on the violation of the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits against Workers C, D, and E, and rendered a judgment of conviction on the remaining facts charged, and only the Defendant appealed on the aforementioned guilty part.
Therefore, since the part of the judgment of the court below that the prosecutor and the defendant did not appeal becomes final and conclusive, it is limited to the guilty part of the judgment below.
B. The gist of the reasons for appeal (two months of imprisonment) by the lower court is too unreasonable.
2. On May 21, 2015, the Seoul High Court sentenced on May 21, 2015 to a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court, and the same year.
5. 29. The above judgment became final and conclusive.
Article 39 of the Criminal Act was added to the applicable provisions of law, and the court below's original judgment based on the original facts charged was no longer maintained as the case was changed by permission. 3. As such, the court below's judgment is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows. The summary of the criminal facts and the evidence of the defendant's criminal facts recognized by the court in this case and the summary of the evidence are all criminal facts of the court below. "The defendant is sentenced to three years of suspended sentence for two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at Seoul High Court on May 21, 2015, and the same year.
5. 29.