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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that from the date of this judgment.
Reasons
1. The appellate court’s judgment dismissing the prosecution against the violation of the Labor Standards Act by workers C and D among the facts charged in the instant case, and sentenced the remainder of the facts charged, which only the Defendant appealed against the aforementioned guilty portion.
Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.
2. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.
3. It is recognized that the determination is that the number of employees who did not pay wages is a majority, and the overdue wage is a large amount, and that employees did not pay wages in full until a considerable period of time has passed since they retired, and that most of the victimized employees did not reach an agreement with them.
However, the Defendant seems to have committed the instant crime against the workers, against the Defendant’s wrong intent to pay damages, and continued to be able to do so, while having experienced difficulties in business operations.
In the past, the defendant paid the amount equivalent to the overdue wages to seven workers, and agreed that seven workers do not want to be punished against the defendant.
In addition, a substitute payment was made for about KRW 70,000,000 out of the delayed payment amount of KRW 70,000,000, and the defendant was liable to pay the amount equivalent to the substitute payment to the Labor Welfare Corporation.
Although the defendant has been punished by a fine three times, he/she has no record of being punished as a same crime after around 2005.
Various circumstances, such as the defendant's age, sexual conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime, and the defendant continue to be the defendant.