The judgment below

The remainder, excluding the dismissed part, shall be reversed.

A defendant shall be punished by imprisonment for four months.

1. The lower court rendered a judgment dismissing the prosecution against the violation of the Labor Standards Act against workers B, C, D, and E among the facts charged in the instant case, and sentenced to conviction against the remainder of the facts charged. The Defendant appealed only against the guilty portion, and the prosecutor’s failure to file an appeal became final and conclusive as they were dismissed.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and two years of suspended execution) is too unreasonable.

3. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the Defendant, at the Daegu District Court on April 26, 2018, sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution, was established on May 4, 2018.

Since each crime of the judgment of the court below against the defendant and the above crime for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be imposed on each crime of the judgment of the court below in consideration of equity in the case of concurrent judgment pursuant to the main sentence of Article 39 (1) of the Criminal Act, so

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following decision is delivered without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists.

[Dissenting Opinion] The summary of facts constituting a crime and evidence admitted by this Court is added to the first head of the “criminal facts” column of the judgment of the court below. “Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Daegu District Court on April 26, 2018, and the above judgment became final and conclusive on May 4, 2018.” The two pages of the judgment of the court below are “the summary of evidence” column of the second page of the judgment of the court below.