업무상횡령등
The prosecutor's appeal is dismissed.
The main reason of appeal is that the sentence imposed on the defendant (two years of suspended execution in October, and one hundred and twenty hours of community service order) is too uneasy and unreasonable.
Judgment
In light of the method of each of the crimes in this case and the total amount of damage, etc., the quality of the crime is not easy.
In the past, the Defendant has been punished several times due to occupational embezzlement or fraud, and it seems that the Defendant did not recover the damage suffered by the Victim K and C until the case is in question.
However, the amount of damage of the victim K and C is not relatively large, and the defendant expressed his intention not to punish the defendant by mutual consent with F and F Co., Ltd. at the court below, and the above victim paid damages to the victims of the crime Nos. 2 of the judgment of the court below, which is one of its customers.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, etc., the lower court’s sentence cannot be deemed unfair because it is too uneasible.
Therefore, prosecutor's assertion is without merit.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.