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The prosecutor's appeal is dismissed.
Reasons
1. The grounds for appeal (unfair sentencing) by the lower court (one year of suspended sentence in April, and 80 hours of community service) are too unfluent and unreasonable.
2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the sum of wages the Defendant did not pay to workers is not a certain amount of KRW 56,35,000, and the fact that the damage was not recovered to the original trial is disadvantageous.
However, there are favorable circumstances, such as the fact that the defendant recognized the crime of this case from the investigative agency, the defendant did not have the same criminal record, and the defendant was unable to receive the advance payment from the original agency, resulting in the crime of this case, and there are some other circumstances to be considered in light of the circumstances.
In light of the above circumstances, the lower court appears to have sentenced community service work together with the suspended sentence of imprisonment, and there is no change in the sentencing conditions different from that of the lower court in the trial.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s sentencing is determined to be appropriate, and the lower court’s sentencing is not deemed to be unfair as it is excessively uneasible, beyond the reasonable scope of discretion.
We do not accept the prosecutor's improper argument of sentencing.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.