The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., 10 months of imprisonment, 2 years of suspended execution, 240 hours of community service) of the lower court is too unreasonable;

2. In our Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, there are unique areas of the first instance court concerning sentencing, and in addition, considering the ex post facto and in-depth nature of the appellate court, it is reasonable to respect the first instance court’s sentencing in cases where 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 the discretion. Although the first instance court’s sentencing falls within the reasonable scope of the discretion, it is desirable to reverse the first instance court’s judgment just because it is somewhat different from the appellate court’

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). According to the foregoing legal doctrine, there is no change in the sentencing conditions compared with the original judgment because new sentencing data was not submitted at the trial and the lower court was not submitted, and the Defendant had been punished twice as a violation of the Labor Standards Act; the total amount of wages and retirement allowances not paid by the Defendant in the instant case exceeds KRW 98 million; and all the sentencing conditions indicated in the record and trial process of the instant case are comprehensively taken into account, the lower court’s sentencing is too excessive and is not recognized to have exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.