The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles, workers C or D working at the workplace of the company operated by the defendant, is "in the event of payment" by the investigative agency.

Punishment shall not be imposed.

Each statement " shall be interpreted to the effect that "if a defendant receives money from the defendant, he/she does not want to punish the defendant." Thus, it cannot be deemed that the defendant expressed his/her intention not to punish the defendant.

It is also supported by the investigation report that workers C want to be punished by the defendant because they did not receive money from the defendant until the judgment of the court below.

Nevertheless, the judgment of the court below which dismissed each of the above statements made by workers C and D as an expression of intention not to punish the defendant, and thus, dismissed the public prosecution against workers C and D among the facts charged in this case is erroneous by misapprehending the facts or by misapprehending the legal principles.

B. The sentence that the court below rendered unfair sentencing (two months of imprisonment) is too unfortunate and unfair.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. A. The summary of the facts charged (Dismissal of the indictment) Defendant Company is an employer who operated F Co., Ltd. of a construction company with an office in Osan City, and the employee C was working at the above workplace from January 13, 2014 to April 13, 2014, and the employee C was working at the above workplace from April 22, 2014 to May 31, 2014, respectively, within 14 days from the date of his/her retirement without an agreement on the extension of the payment period between the parties.

B. The lower court determined that this part of the facts charged constitutes the crime of non-compliance with the intention to punish workers C and D, respectively, before the institution of this part of the prosecution.

In this regard, each part of the prosecution was dismissed in accordance with Article 327 (2) of the Criminal Procedure Act.

(c)

(1) The victim expressed his wish not to punish for the crime of non-violation of punishment against the victim.

recognized.