업무상횡령등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 6 million) against the Defendant is too uneased and unreasonable.
2. Determination of the facts that the total amount of damage to the instant crime exceeds KRW 36 million and the quality of the instant crime is not good, etc. are disadvantageous to the Defendant.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, environment, motive, means and consequence, etc., the Defendant’s punishment against the Defendant is too uneasible and unfair, and thus, the prosecutor’s improper assertion of sentencing is without merit.
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. It is so decided as per Disposition.