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1. The guilty part of the judgment of the court below is reversed.
2. The sentence shall be suspended against the defendant;
Reasons
1. The court below dismissed the prosecution as to the violation of the Labor Standards Act with respect to workers C, among the facts charged in the instant case, on the ground that workers C expressed his wish not to punish the Defendant after the indictment in the instant case, and sentenced the Defendant to a fine of KRW 700,000,000,000, on the other workers E and F, and the violation of the Act on the Guarantee of Workers' Retirement Benefits and the Labor Standards for Workers G.
However, the prosecutor appealed only the guilty portion of the judgment of the court below on the ground of unfair sentencing, and the dismissed portion of the above dismissed dismissal becomes final and conclusive as it is, the scope of this court’s judgment is limited to the convicted portion of the judgment below
2. The Prosecutor’s summary of the grounds for appeal (a fine of KRW 700,000) declared by the lower court is deemed to be too unhued and unreasonable.
3. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio, and the facts charged in this case did not pay wages or retirement allowances to workers, such as E, within 14 days from the date of retirement. Since the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act constitute several crimes and constitute a common competition relationship under Article 40 of the Criminal Act, the court below punished the above two crimes by comparing them with the quality of each Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act, but the above two crimes were deemed as a substantive competition relationship under the former part of Article 37 of the Criminal Act, and thus, the guilty part of the judgment of the court below cannot be maintained any more because it erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment.
4. Accordingly, the judgment of the court below that found the guilty part of the judgment of the court below as the above reasons for ex officio reversal.