횡령
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) declared by the court below against the defendant is too unfasible.
2. Determination Dogl, the scale of damage caused by the instant crime, etc. is recognized.
However, in light of the fact that the defendant recognized the crime of this case, there is no record of punishment for the same crime, in particular, that the victim and the victim have reached the first instance trial, and that the circumstance pointed out by the prosecutor appears to have been determined by imposing a community service order after considering all of the court below's circumstances, and other sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, it is difficult for the prosecutor to accept the above argument of the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.