업무상횡령
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 160 hours) is too uneased and unreasonable.
2. The fact that the person who suffered damage wishes to punish the defendant, and that the damage has not been recovered is disadvantageous.
On the other hand, there is no record of criminal punishment except for the defendant's confession of the crime of this case and reflects the crime of this case, and on March 17, 2004, a fine of 2.5 million won has been imposed due to embezzlement, and on the other hand, it is hard to see that the amount of damage of this case is 26 million won or more.
In addition, comprehensively taking account of the motive and background of the instant crime, means and methods, circumstances before and after the instant crime, the Defendant’s age, sex, career, environment, etc. as shown in the pleadings of the instant case, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee (from April to April 1), etc., the lower court’s punishment is too unjustifiable and unreasonable.
The prosecutor's above assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.