업무상횡령
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of 300,000 won) declared by the lower court is too unhued and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
Until the trial, damage has been recovered or no agreement has been reached with the victim.
On the other hand, the following conditions are favorable.
There are extenuating circumstances to consider the circumstances of the instant crime.
There is no criminal record for the defendant due to the same crime.
In light of the aforementioned circumstances, the lower court sentenced the Defendant to a fine of KRW 300,000.
There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion when comprehensively considering the conditions of sentencing and the applicable sentences in the trial, or that it is deemed unfair to maintain the lower court’s determination of sentencing.
In addition, considering the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant, the sentence of the court below is appropriate, and it is not recognized that it is too uneasible and unfair.
Therefore, prosecutor's assertion is without merit.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.