The prosecutor's appeal is dismissed.

1. The lower court’s sentence (5,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The Defendant did not pay an amount equivalent to KRW 41 million in total of wages and retirement allowances of five workers. In light of the content of the crime and the amount of unpaid money, etc., the Defendant has a significant amount of responsibility for the crime, and the Defendant has a record of having been punished several times in the same kind of crime, and the circumstances unfavorable to the Defendant are recognized.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects the defendant's mistake in depth, the defendant agreed to the defendant's original agreement with his employees during the trial period, the workers do not want the defendant's punishment, and the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial, and the first deliberation sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant recognized earlier do not fall under any special change of circumstances that could change the sentence of the court below after the decision of the court below was rendered, and it does not seem unfair because the court below's punishment against the defendant is too uneasible, considering the circumstances that form the conditions for the sentencing in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.