All appeals by prosecutors are dismissed.

A. The sentence of the lower court against the Defendant (one year of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is deemed to have been embezzled by deceiving the victim, deceiving the victim, and transferring the corporeal movables kept for the victim, and embezzlement. In light of the content of the crime, the criminal liability is grave, the victims have not been recovered properly, and the victims have been punished by the severe punishment of the defendant, etc., which is disadvantageous to the defendant.

However, the circumstances favorable to the defendant are also recognized, such as the confession of all of the crimes in this case and the defendant reflects the mistake in depth, the defendant has no record of being punished for the same crime, there is no record of criminal punishment exceeding the fine for the crime in this paper, and the family members of the defendant want to escape from the preference of the defendant.

On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists an area unique to the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the unfavorable or favorable circumstances against the recognized accused do not constitute a special change in circumstances that can change the sentence of the lower court after the sentence of the lower court.

In addition, the court below's sentencing takes place within the reasonable scope of discretion when considering all the circumstances forming the conditions for sentencing as shown in the argument of this case, such as Defendant's age, sex, environment, etc., and the court below's sentencing is too heavy or too excessive as the defendant's argument is asserted by the prosecutor.