The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine and mistake of facts, and the Defendant merely did not submit a written agreement with the workers before the pronouncement of the lower judgment, and thus, the instant public prosecution ought to be dismissed.

B. The sentencing of the lower court’s unfair sentencing (an amount of four million won) is too unreasonable.

2. Determination

A. According to Article 232(1) and (3) of the Criminal Procedure Act, the revocation of complaint and withdrawal of wishing to punish an offense subject to victim’s complaint can be made only before the judgment of the court of first instance is rendered.

Therefore, in a case where a complaint is revoked or a declaration of wishing to be punished is withdrawn after a judgment of the court of first instance was rendered, the decision of dismissal of the public prosecution under Article 327 subparagraphs 5 through 6 of the Criminal Procedure Act cannot be rendered.

In addition, the withdrawal of declaration of intent to revoke a complaint or to punish is a legal act against an investigation agency or a court, and such withdrawal shall be made before a prosecution is instituted with an investigation agency in charge of a case of a complaint and the court of the lawsuit after the prosecution is instituted (see Supreme Court Decision 201Do17264, Feb. 23, 2012). 200: (a) The withdrawal of declaration of intent wishing to punish must be made before the court of first instance renders a judgment dismissing the prosecution; (b) the Defendant prepared a written agreement with workers before

Even if the public prosecution is not submitted to the court, it can not be said that the declaration of intent to punish the reason for dismissal has been withdrawn.

The court below did not err by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion.

B. The Defendant has a record of having been punished several times for the same offense.

However, the defendant's age, sex, environment, family relationship, including the defendant's agreement with workers.