2. The employment of a foreigner in illegal stay is an unfavorable circumstance to the Defendant, in light of the fact that it is inevitable to punish him/her, and the number of foreigners employed by him/her and the employment period, etc., in light of the fact that the employment of the foreigner in illegal stay disturbs the immigration control order and creates a potential criminal cause.

However, in the reality that it is difficult for the small and medium manufacturing enterprises, such as the defendant company, to recruit necessary human resources only to Korean workers or foreign workers with the status of stay, the defendant seems to have committed the instant crime, and there are some circumstances to consider the circumstances, and the defendant is no longer employing a foreigner who has stayed illegally, and will not further repeat the instant crime.

In full view of the favorable circumstances, such as the fact that there is no past record of criminal punishment prior to the instant case, and other circumstances, such as the Defendant’s age, sex, environment, motive and background of the instant crime, means and consequence, circumstances after the instant crime, and criminal records, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it is too unreasonable and unfair.

Therefore, prosecutor's assertion is without merit.

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