The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that from the date of this judgment.

In light of the gist of the grounds for appeal by the counsel (unfair sentencing) that the defendant recognized the error of the defendant, made efforts to compensate for damage, and the defendant is aged, the sentence of the court below that sentenced one year to suspended sentence for April is too unreasonable.

2. According to the records of ex officio determination, the defendant was sentenced to one year of suspended sentence for six months on November 23, 2015 to a violation of the Labor Standards Act at the Suwon Friwon, and the above judgment (hereinafter “final judgment”) became final and conclusive on December 1, 2015, and the defendant was sentenced to one year of suspended sentence for four months on June 20, 2017 to a violation of the Labor Standards Act at the Suwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Frig, and the above judgment (hereinafter “final judgment”) became final and conclusive on June 28, 2017.

However, since the crime of violating the Labor Standards Act is in conflict with the crime of the first and second final judgment and the crime of the second final judgment under Article 37 of the Criminal Act, a punishment shall be determined in consideration of equity in cases where all of the above crimes are adjudicated at the same time under Article 39(1) of the Criminal Act. Thus, the judgment of the court below that sentenced punishment in consideration of equity in cases where both the crime of violation of the Labor Standards Act and the crime of the first final judgment are judged at the same time, cannot be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the attorney's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant are as follows: "The defendant was sentenced to one year of suspension of execution in April due to the violation of the Labor Standards Act at the Suwon Friwon on June 20, 2017, and the above judgment became final and conclusive on June 28, 2017" in the criminal facts; and "the defendant's trial statement at the trial of the defendant on June 1, 2017" was added to "the defendant's trial statement at the trial of the defendant on June 28, 2017" in the summary