업무상횡령
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 120 hours) is too uneased and unreasonable.
2. Circumstances are favorable to the Defendant, such as the following: (a) the circumstance and content of the instant crime; and (b) the fact that the nature of the instant crime was not light in light of the details and amount of damage; and (c) the fact that the victim did not agree with the victim, etc. are disadvantageous to the Defendant; (d) the Defendant’s violation of the crime; (e) the Defendant has no record of punishment due to the same type of crime; (e) some of the amount
Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, family relation, age, health, sexual conduct, environment, motive for committing a crime, and the circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too unfeasible and unfair.
Therefore, the prosecutor's above assertion 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.