The prosecutor's appeal is dismissed.

1. Of the facts charged, the lower court dismissed the prosecution as to the violation of the Labor Standards Act with respect to workers B, C, D, E, and F, and sentenced the remainder of the facts charged. As to this, the Prosecutor appealed from the lower judgment on the grounds of unreasonable sentencing as follows, the part of the lower judgment that the Prosecutor did not appeal was dismissed was separately and finally determined.

Therefore, the scope of the court's judgment against the defendant is limited to the guilty part of the judgment below.

2. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) declared by the court below is too unhued and unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared with the original judgment on the grounds that new sentencing materials have not been submitted in the health department and the trial on the grounds of the foregoing legal doctrine, and the reason for sentencing alleged by the prosecutor appears to be the circumstances that the lower court has already considered in determining the punishment.

In addition, in full view of all the sentencing factors indicated in the arguments in the instant case, including the Defendant’s age, character and conduct, environment, criminal records, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because it is too unhued.

Therefore, prosecutor's assertion is without merit.

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