The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

The lower court rendered a judgment dismissing the prosecution on the violation of the Labor Standards Act among the facts charged in the instant case.

However, the prosecutor did not appeal the dismissal part as to the above dismissal part, and the above part is exempted from the object of public defense among the parties.

Therefore, the conclusion of the judgment below is followed with respect to the dismissal of prosecution as to the violation of the Labor Standards Act, and the scope of this court is limited to the conviction part of the judgment below

Summary of Grounds for Appeal

The punishment of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

In full view of all the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant paid and agreed to pay the sum of 56 million won among the wages obtained by the victim or the F, which is the smallest part of the victim, up to the trial, the sentence of the court below is recognized to be improper because it is somewhat inappropriate.

Therefore, the defendant's assertion of unfair sentencing is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 348 (1) of the Criminal Act applicable to the relevant criminal facts and Article 348 (1) of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the defendant);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by the defendant, after having the defendant work in a fish farm to the victim who lacks the ability to distinguish opinions, by paying wages less than the minimum wage prescribed by the Labor Standards Act, and the defendant acquired the amount corresponding to the unpaid wages.