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The prosecutor's appeal is dismissed.
Reasons
1. The court below dismissed a public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act on the grounds that each worker mentioned in the attached Table E No. 1, 4 through 6, 8, 10, 11, 13, 15, 18, 19, 22 through 29, 31, 32, 34, 38, 39, 41, 42, 44 through 46, 50 through 60, 67 through 71, 74 through 77, 79 through 81, 86, and 99 stated in the judgment below, expressed his/her intention not to prosecute the defendant after instituting the prosecution of this case, and sentenced him/her guilty of the remainder of the facts charged except for this.
Since only the prosecutor appealed on the guilty part of the judgment of the court below for the reason of the illegality of sentencing, the dismissal of the above prosecution became final and conclusive as it is.
Therefore, the scope of the judgment of this court against the judgment below is limited to the conviction except the dismissed part of the above indictment.
2. The sentence imposed by the court below (6 months of imprisonment and 2 years of suspended execution) is too unhued and unfair.
3. Determination of the Defendant’s delayed payment of wages exceeds KRW 116 million in total due to each of the instant crimes, and there are many 45 employees suffering from damages, and there is no agreement with the said employees until now.
However, there are favorable circumstances such as the fact that the Defendant made confession of all of the crimes of this case and reflects his mistake, that the Defendant did not have any record of crime exceeding the same criminal record or fine, that the Defendant agreed with 54 of 9 workers who suffered damage and the lower court, that the Defendant appears to have caused the occurrence of the instant case due to the cumulative fault caused by the depression of the shipbuilding industry while operating the business.
In addition to the above circumstances, given the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, various sentencing conditions as shown in the records and arguments, the judgment of the lower court is at its discretion.