The prosecutor's appeal is dismissed.

1. The lower court dismissed the public prosecution as to the part on the attached list (2) of the lower judgment among the facts charged against the Defendant, and sentenced the Defendant guilty only for the remainder.

However, the Defendant did not appeal against the lower judgment, and the Prosecutor appealed only the guilty portion among the lower judgment, and did not appeal against the dismissed portion. Therefore, the dismissed portion among the lower judgment became final and conclusive as it is, as it is, as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. The summary of the grounds for appeal (six months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

3. The judgment of this case reveals that the total amount of wages and retirement allowances payable to workers exceeds KRW 150 million due to the crime of this case. However, there are circumstances under which the defendant, as a subcontractor of this case, failed to pay wages, etc. due to the aggravation of business management due to the depression of the shipbuilding industry, and the circumstances to be taken into account are as follows: the unpaid wages does not continue for a long period of time due to the partial payment and retirement allowances of March 2015; the unpaid wages have been recovered through substitute payments, etc.; the amount of damages has not been subject to criminal punishment for the same crime; the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case; and all other circumstances that are the conditions of the sentencing of this case as shown in the trial process, such as records and circumstances before and after the crime of this case, the prosecutor's assertion is without merit. Therefore, the prosecutor's above assertion is without merit.

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