The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts, the court below found the Defendant guilty of violating the Seafarers' Act among the facts charged in this case, but found the Defendant guilty.

B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 500,000 of a fine) is too unjustifiable and unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below judged the defendant not guilty of this part of the facts charged by denying the defendant's intentional act on the ground that there is a ground for dispute as to the existence and scope of the obligation to pay each retirement allowance as stated in this part of the facts charged, and compared with the evidence adopted and examined by the court below and the trial court, the judgment of the court below is just, and there is no

The argument of mistake of facts is without merit.

B. In a case where there is no change in the conditions of sentencing compared with the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court should respect the sentencing of the first instance court.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no significant change in the sentencing conditions compared to the original judgment. Thus, in full view of all the following conditions, including the Defendant’s age and happiness environment, the details and details of the crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable because it is too unreasonable in light of the following factors.

There is no reason to assert unfair sentencing.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless