횡령
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unfluent and unreasonable.
2. The Defendant denied his criminal act from an investigative agency to the lower court’s court.
There are a lot of lease fees that the defendant has not paid to the victim.
The defendant has 21 times criminal records.
However, the defendant was found to have committed a crime in the past.
B. A car, which is a damaged object, was returned to the victim.
In addition, in consideration of all the sentencing circumstances shown in the records and arguments of this case, such as the defendant's age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal experience, the sentence of the court below is too unfeasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.