beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. Since the judgment of the court below on the scope of the judgment of this court is separated and confirmed as it is, the part of the judgment dismissing the public prosecution by the court below is excluded from the scope of the judgment of this court.
2. Summary of grounds for appeal (in original case: Imprisonment with prison labor for six months);
3. According to the reasoning of each of the Supreme Court Decisions 201Da301 Decided July 3, 2018, the defendant was sentenced to one year of probation on July 11, 2018 by the Seoul Southern District Court and one year of probation on July 3, 2018 due to the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act by the Seoul Southern District Court on July 3, 2018. As such, each of the crimes of the final and conclusive judgment and each of the crimes in the holding of the original judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, and a punishment shall be determined after considering equity in cases where the judgment is concurrently rendered under Article 39(1) of the Criminal Act and examining whether mitigation or exemption of the punishment is to be made. Therefore, the lower court which failed to take such measures becomes unable to be maintained any longer
4. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is so decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by this court is as follows: "The defendant was sentenced to three months of imprisonment by the Seoul Southern District Court on July 3, 2018 due to the violation of the Labor Standards Act, etc.; the above judgment was finalized on July 11, 2018; and the summary of the evidence was added to "1. The case search by the Supreme Court on July 3, 2017, the decision of 2017No951, the decision of 2017No951," and it is identical to each corresponding column of the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act.
The application of legislation;