The judgment of the court below is reversed.

A defendant shall be punished for four months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

1. The 6-month imprisonment with prison labor declared by the court below is too unreasonable.

2. On July 13, 2017, the Defendant’s judgment ex officio was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to a crime of occupational and practical death at the Daegu District Court, and the said judgment became final and conclusive on July 21, 2017 is significant to a party member.

Therefore, the above occupational and practical crimes, etc. for which judgment became final and conclusive, are in the relation of concurrent crimes after Article 37 of the Criminal Act, and the punishment of this case is determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the first head of the lower judgment’s judgment, which became final and conclusive on July 21, 2017, on the following grounds: “The Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution by the Daegu District Court on July 13, 2017 due to occupational and real negligence.”

With the exception of addition, “other than the pertinent column of the lower judgment,” it is cited in accordance with Article 369 of the Criminal Procedure Act, since it is the same as the corresponding column of the lower judgment.

Application of Statutes

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal facts as to each of the relevant provisions of the Act, subparagraph 1 of Article 44 and Article 9 of the Guarantee of Retirement Benefits for Workers;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The defendant, as an employer, shall pay to the workers for the reason of sentencing under Article 62(1) of the Criminal Act (such as the circumstances favorable to the following).