업무상횡령
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The lower court sentenced ten months of imprisonment, taking into account the circumstances favorable to the Defendant, favorable to the Defendant, and the recommended sentencing guidelines of the Sentencing Committee.
There is no circumstance in which the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion in full view of the matters that are the conditions of sentencing, the applicable sentences, and the sentencing criteria, or it is recognized that maintaining the sentencing of the lower court is unreasonable.
In addition, considering the circumstances and results of the instant crime, Defendant’s age, character and behavior, environment, etc. after the instant crime, the sentence of the lower court is appropriate, and it is not deemed that it is too heavy or unreasonable.
Therefore, both prosecutor and defendant's assertion are without merit.
3. The appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.
However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "victim's store" of the second five sides of the judgment of the court below shall be corrected to "victim's store".