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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) that the court below sentenced to the defendant is too unreasonable for the defendant, and the prosecutor is deemed to be too uneasible and unfair for the defendant.
2. The instant crime committed on the basis of the following facts: (a) the Defendant did not pay wages and retirement allowances despite his/her employee’s retirement; (b) the Defendant’s efforts to do so for his/her employee’s labor and infringes on the stability of basic life; (c) the amount of the first overdue arrears is large amount and the Defendant did not pay for the extended period after the delayed payment; and (d) the fact that some employees and some employees
On the other hand, the fact that the defendant is against the crime of this case, when it comes to the trial, the employee I received the total amount of 39,535,620 won of the retirement allowances in arrears at the auction procedure and agreed with the defendant and revoked the complaint. The fact that the total amount of 6,945,879 won in arrears with the remaining F, G, and H seems to be able to be repaid as the highest wage claim in the auction procedure for the real estate owned by the company, and that the defendant operated the company from October 1993 to February 2, 2013, where the payment of wages was delayed, is just from January 2, 2013, the immediately preceding default, and that the defendant has no record of the same kind of crime, etc.
In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the commission of the instant crime, the age of the Defendant, character and conduct, family relation, environment, occupation, etc., and all the circumstances leading to the sentencing conditions as shown in the records and arguments, the Defendant’s assertion is reasonable, since the sentence imposed by the lower court is somewhat inappropriate. Therefore, the Prosecutor’s assertion is without merit.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is guilty in accordance with Article 364 (6) of the Criminal Procedure Act.