The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Since the facts charged by the summary order as stated in Paragraph (2) of the judgment of the court below and the facts charged by the violation of the Labor Standards Act do not constitute an inclusive crime, the res judicata of the above summary order does not affect the above facts charged.

Judgment

According to the records, the defendant continuously operated Mart as stated in this part of the facts charged regardless of the change of trade name and representative on April 22, 2017, and N continued to work in the Mart from November 22, 2016 to June 15, 2017, and the defendant's summary order of facts constituting a crime that the defendant did not pay part of N's wages within 14 days from N's retirement became final and conclusive on February 20, 2018. Thus, since the facts charged in the above summary order and the facts charged are related to a single comprehensive crime, res judicata effect of the above summary order also affects the above facts charged.

Therefore, the lower court’s finding of facts and determination are justifiable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.