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All appeals by the defendant and prosecutor are dismissed.
Reasons
Considering the summary of the grounds for appeal (unfair punishment) that the defendant is economically difficult circumstances, the sentence of the court below that sentenced a fine of KRW 10,000,000 is too unreasonable.
In light of the fact that there are 18 workers who were not paid wages or retirement allowances from the Defendant by the Defendant of the public prosecutor, and the amount of damage is about 110,00,000,000 won, the Defendant’s crime of this case not only sustained monetary damage by the workers, but also infringed upon the stability of workers and their family members, and the Defendant’s repayment to the workers by his own efforts was not made, and the employees were paid substitute payments from the Korea Workers’ Compensation and Welfare Service, the lower court’s punishment is too unreasonable.
Judgment
The crime of this case is not a good quality of the crime that is not paid to 18 workers retired while working in the company operated by the defendant without any justifiable reason. The degree of damage is not small and the damage does not completely end up to the trial. The defendant can be subject to criminal punishment. On the other hand, the defendant's mistake is recognized, it is against the defendant, and it does not seem to have committed the crime of this case in an intentional and planned manner. It is necessary to consider considerable damage to the damaged workers by receiving substitute payment, equity between the crime of violation of the Road Traffic Act (unlicensed Driving) and the case of judgment at the same time. In full view of all the conditions of sentencing as shown in the records and arguments of this case including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the court below's punishment is recognized as appropriate, and it is too excessive, excessive, or excessive, and thus the above assertion is not justified.
In conclusion, the appeal by the defendant and the prosecutor are justified.