Defendant

All appeals by prosecutors are dismissed.

Summary of Reasons for appeal

A. The lower court’s sentence (2.00,000 won) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

The Defendant’s crime of this case is found to be disadvantageous to the Defendant, such as: (a) the Defendant did not pay the total of KRW 18.4 million retirement allowances to two workers while operating the Company E; (b) the criminal liability is grave in light of the details of the crime, such as the background of the crime, the amount of overdue payment, etc.; and (c) the Defendant did not make any effort to recover damage to the victimized workers.

However, the circumstances favorable to the defendant are also recognized, such as the defendant's confession of the crime of this case and reflects the mistake in depth, and the defendant has no record of criminal punishment exceeding the fine up to now.

On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists an area unique to the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the unfavorable or favorable circumstances against the recognized accused do not constitute a special change in circumstances that can change the sentence of the lower court after the sentence of the lower court.

In addition, the court below's sentencing is reasonable within the reasonable scope of discretion, and it does not seem that the court below's punishment is too somewhat weak or unfair because it is too poor, considering all the circumstances that form the conditions for sentencing as shown in the argument of this case, such as Defendant's age, sex, environment, etc.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.