사기등
The defendant's appeal is dismissed.
1. The court below dismissed the prosecution for the violation of the Labor Standards Act, and found the victims guilty of the remainder of the charges, on the grounds that the court below dismissed their wish to prosecute the violation of the Labor Standards Act, among the facts charged in the instant case. The prosecutor did not appeal the dismissal of the prosecution as to the dismissal of the above indictment, and the dismissal of the prosecution
Therefore, the scope of this court's adjudication is limited to the remaining parts (the part of the crime) except this.
2. The summary of the grounds for appeal (e.g., imprisonment) of the lower court’s sentencing (one year of imprisonment) is too unreasonable.
3. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has the unique area of the first instance court
In addition to these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,
(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its stated reasoning, declared the above sentence against the Defendant on the grounds of sentencing. The circumstances favorable to sentencing asserted by the Defendant in the trial have already been determined by the lower court, such as: (a) the Defendant led to the confession of and reflect against the offense; and (b) the actual amount of damage appears to be less than the amount of charges.