The judgment below

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

A defendant shall be punished by imprisonment for six months.

1. The court below dismissed the prosecution on the ground that the above workers had withdrawn their wish to punish the Defendant against the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act against workers B and C among the facts charged in the instant case.

However, the judgment of the court below on the guilty portion of the judgment below is limited to the convicted portion of the judgment of the court below, since the defendant and the prosecutor did not appeal the dismissal portion, and it became final and conclusive as it is without appeal.

2. The summary of the grounds for appeal (e.g., imprisonment with labor for up to 10 months) by the lower court is too unreasonable.

3. The fact that the amount of unpaid wages and retirement allowances in the instant case is a considerable amount is disadvantageous.

On the other hand, it is advantageous to the fact that the defendant acknowledged the crime of this case, there are circumstances to consider the crime of this case, substitute payment to workers, and partial recovery of damages caused by the payment of damages to workers L, M, and N, the defendant's repayment of KRW 5 million to workers L, M, and N, workers'O, and N seek the defendant's wife through text messages, and the above workers do not want the defendant's punishment by agreement with P, M, L, Q, I, and I in the first instance.

In addition, comprehensively taking account of the defendant's age, character and conduct, family relations, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the court below's punishment is deemed unreasonable. Thus, the defendant's assertion is with merit.

4. As such, the defendant's appeal is reasonable, and the remaining part of the judgment below excluding the dismissal of public prosecution among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is decided again

Criminal facts

The summary of the evidence is the facts charged by the court.