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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. According to the records, the Defendant appealed against the judgment of the first instance, and asserted a mistake of facts as the grounds for appeal along with unreasonable sentencing, but withdrawn the assertion of mistake of facts on the first trial date of the lower court, thereby leaving only the grounds for unfair sentencing as the grounds for appeal.
In such a case, the argument that there is an error of mistake in the judgment of the court below is not a legitimate ground for appeal, and contrary to the above, the argument of misapprehension of the legal principles as to omission of judgment or withdrawal of the grounds for appeal, which is based on the premise
2. According to Article 232(3) and Article 232(1) of the Criminal Procedure Act, an expression of intent in the so-called crime of no punishment against the victim, which cannot be prosecuted against the express will of the victim, may be made before the judgment of the court of first instance is rendered, or the expression of intent in the absence of punishment is invalid.
(2) According to the records, the court below's decision on dismissal of prosecution against the violation of the Labor Standards Act among the facts charged in this case is just and there is no error in the misapprehension of legal principles as to the violation of the Labor Standards Act among the facts charged in this case, since it is obvious that the victims expressed their wish not to punish the defendant. Thus, the court below's decision on dismissal of prosecution against the violation of the Labor Standards Act among the facts charged in this case is just and there is no error in the misapprehension of legal principles as to the violation of the Labor Standards Act.
3. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the defendant