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The defendant's appeal is dismissed.
Reasons
1. As to the violation of the Labor Standards Act with respect to workers B among the facts charged in the instant case, the lower court dismissed the public prosecution and sentenced the remainder of the facts charged, and only the Defendant appealed on the ground of unfair sentencing with respect to the convicted part of the lower judgment, the part of the lower judgment dismissing the public prosecutor’s dismissal, which was not appealed, has been separated
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.
3. The circumstances favorable to the defendant include: (a) the defendant was waiting to commit the instant crime; (b) the defendant was against the wrong; (c) the payment of wages was not made due to the deterioration of management; and (d) the fact that the defendant does not seem to have paid wages in bad faith; and (c) there was no history of punishment exceeding
On the other hand, the fact that the defendant did not pay a total of 23 million won for two workers and did not pay a considerable amount of damage, the defendant tried to be exempted from liability for wage payment on the grounds of the formal reason that the name of the representative of E is not in the investigation stage, and the fact that the defendant had been punished for the same crime three times prior convictions due to the same crime, etc. are disadvantageous to the defendant.
In full view of the aforementioned circumstances and other factors, the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, various sentencing conditions as shown in the instant arguments, including the circumstances after the commission of the crime, and the scope of recommended sentences according to the sentencing guidelines [decision of types] the amount of wages, etc. paid under the sentencing guidelines [No person who has been specially punished] below 50 million won [no person who has been specially punished] [the recommended area and the scope of recommended punishment] basic area, 4 to 8 months, etc., the lower court sentenced the Defendant.