A. After filing an appeal against the lower judgment on February 23, 2018, the Defendant failed to submit a statement of grounds for appeal within the submission period of 20 days under Article 361-3(1) of the Criminal Procedure Act, even after receiving a notice of receipt of the record of trial from this court on February 23, 2018. The petition of appeal does not state the grounds for appeal, and there is no ground for ex officio investigation on the record (after the lower judgment was sentenced, the lower court’s judgment is unreasonable in light of the following: (a) more than 5,40,00 won to F with the top priority repayment to the wage obligee; (b) more than 5,570,00 won to G with the payment of wages as substitute payment to the wage obligee; (c) the fact that the said auction procedure was in progress at the lower court; and (d) the said worker’s payment of dividends in the said auction procedure based on the Labor Standards Act and the right to receive wages under the Guarantee of Workers’ Compensation Act.

2. In our criminal litigation law, which takes the trial-oriented principle and direct principle as to the grounds for appeal by the prosecutor, there exists a unique area of the first instance trial as to the determination of sentencing. In addition, in light of the ex post facto nature of the appellate trial, it is reasonable to respect the first instance judgment in the event there is no change in the conditions of sentencing compared to the first instance trial, and the first instance sentencing does not deviate from the reasonable scope of the discretion. Although the first instance sentencing falls within the reasonable scope of the discretion, it is desirable to reverse the first instance judgment and to refrain from imposing a sentence that does not differ from the first instance judgment on the sole ground that the sentence differs from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, it is desirable for the victims to voluntarily sell real estate owned by the Defendant.