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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months, the fine of one million won) is too unreasonable.
2. The lower court dismissed the public prosecution as to the violation of each of the labor standards law, among the facts charged in the instant case, Nos. 6 (worker C), 9 (worker D), and 11 (worker E), and sentenced 8 months of imprisonment and 1 million won of fine for the violation of the remaining labor standards law.
However, the defendant appealed against the guilty portion of the judgment of the court below on the ground that it was unfair in sentencing, and since the prosecutor did not appeal against the judgment of the court below, the dismissal portion of the above indictment becomes final and conclusive, the scope of this court
3. The judgment was based on the records that the defendant had been subject to a fine several times for the same crime even before the instant case, and the defendant employed 5,60 women or 20 students with insufficient social experience who are responsible for his family's livelihood and did not pay wages in bad faith when creating a clean atmosphere. In light of the circumstances of the instant crime, the fact that the nature of the crime was bad, etc., which are unfavorable to the defendant, or the fact that the defendant recognized each of the instant crimes, and was against his mistake through confinement for about 3 months, and that the defendant did not have any history of punishment exceeding the fine prior to the instant case; the defendant did not want to be punished by the defendant; the defendant did not want to be punished by the defendant; the defendant did not want to be punished by the defendant; the defendant agreed with all nine workers in arrears; the defendant did not want to be punished by the defendant; the defendant's age, sex, environment, motive and background of the crime, the means and consequence of the crime, etc. after the crime, the defendant's allegation is unreasonable and reasonable.
4. Accordingly, the defendant's appeal is justified.