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The judgment below
All convictions against the Defendants are reversed.
Defendant
A. B. Imprisonment for eight months, and Defendant B.
Reasons
1. Of the instant facts charged against Defendant A and B, the lower court dismissed the prosecution against the Defendants as to the violation of the Labor Standards Act against Victim F and G, the violation of the Workers’ Retirement Benefit Guarantee Act against the Defendant H, and the violation of the Victim I, J, K, K, L, M, N,O, P, and Q among the instant facts charged against the Defendants, and sentenced the Defendants guilty of the remainder of the facts charged.
However, the Defendants appealed from the judgment of the court below on the grounds that the sentencing was unfair, and the prosecutor did not appeal against the judgment of the court below, thereby dismissing each of the above public prosecution became final and conclusive.
Therefore, the judgment of this court is limited to the conviction among the judgment below.
2. Summary of reasons for appeal;
A. Of the facts charged against Defendant A, B, and B, the workers listed in [Attachment 1] Nos. 31 and 35 in [Attachment 1] are not eligible for retirement benefits.
B. The sentencing unfair (the Defendants) committed by the lower court against the Defendants is too unreasonable. Each sentence (Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 1 year and 2 months of imprisonment, and Defendant C: 5 million won of fine) that the lower court sentenced to the Defendants is too unreasonable.
3. Before determining the grounds for appeal ex officio, the prosecutor applied for permission to amend the Bill of Indictment as stated in paragraph 1(a) of Article 1 of the facts charged against Defendant A and B in the trial of the court below. Since this court permitted this and changed the subject of the judgment, the conviction part against Defendant A and B in the judgment below cannot be maintained any longer.
However, despite the above reasons for reversal of authority, the above Defendants’ assertion of mistake is still subject to the judgment of this court, and we will examine below.
4. The judgment of the court below and the evidence duly admitted and examined by the court below as to the grounds for appeal by Defendant A and B are examined.