The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The employment of a foreigner who illegally stays in the country of entry and departure is likely to disrupt the order of immigration control and create a potential criminal cause for labor exploitation and potential crime against the foreigner staying in the country of entry and departure, and the fact that the crime is not less light in light of the number and employment period of the foreigner employed by the defendant, etc. is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant appears to have committed the instant crime; (b) the small and medium manufacturers, such as the Defendant’s company, appear to have prevented the Defendant from committing the instant crime; (c) the Defendant has cooperation in the departure procedure of illegal aliens employed by the Defendant; (d) the Defendant has no record of the same kind of crime; and (e) other circumstances, such as the motive and background of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, sexual behavior, environment, etc., which are the conditions for sentencing as indicated in the instant records and theories on changes; and (e) it is difficult for the Defendant to recruit necessary human resources only to Korean workers or foreign workers with the status of stay; and (e) it cannot be deemed unfair

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.