The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The six-month imprisonment sentenced by the lower court is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. In light of the following: (a) the Defendant and the prosecutor’s argument of unfair sentencing along with each other; (b) the amount of wages paid to the employees in arrears due to the Defendant’s negligence exceeds KRW 50 million; and (c) the Defendant had two same criminal records of a fine, a sentence of imprisonment is inevitable.

On the other hand, the Defendant recognized the facts charged and against his mistake, and there was no criminal conviction exceeding a fine against the Defendant. After the sentence of the lower judgment, the Defendant filed a lawsuit claiming wages against the Defendant and I Co., Ltd. (No. 2016 A. 41344) by having the employees in No. 1, 2, and 4 through 7 of the attached Table 2 of the List of Offenses No. 2 in the judgment of the lower court as indicated in the judgment of the lower court, as the designated party F. However, the part of the said lawsuit against the Defendant was completed by the final decision of performance recommendation around October 25, 2016, and the part against I Co., Ltd. was terminated by the withdrawal of the lawsuit around June 9, 2017. (F is not directly paid the overdue wages from the Defendant, but received substitute payments from the Welfare Service.

A) The prosecutor’s assertion is without merit, and the defendant’s assertion is with merit, in light of the following circumstances: (a) considering the fact that the above employee agreed with the defendant, and the above employee does not want the punishment of the defendant; and (b) other various sentencing conditions specified in the records and arguments of this case, such as the defendant’s age, sex, environment, family relationship, and circumstances after the crime, the court below’s punishment is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit. Thus, the judgment below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is again followed.