(The defendant and his defense counsel withdrawn the assertion of mistake of facts on the date of the trial of the first instance). 2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court concerning the determination of sentencing, and in light of the ex post facto nature of the appellate court, it is reasonable to respect it in a case where there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In the instant case where there is no change in the sentencing conditions that may be specifically considered in the trial, the number of victims is 21 or more, the total amount of overdue wages exceeds 80,000 won, and the Defendant has eight times or more due to the same criminal conviction, and other circumstances, such as the Defendant’s age, character and conduct, environment, health status, family relationship, motive, means and consequence of the crime, etc., it is difficult to deem that the lower court’s punishment is unfair because

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.