횡령
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for 6 months of imprisonment, 2 years of suspended sentence, 160 hours of community service order) is deemed unreasonable.
2. The fact that the person who suffered damage wishes to punish the defendant, and the fact that the damage has not been recovered is disadvantageous.
On the other hand, considering the following: (a) the Defendant led to the instant crime; (b) there was no record of being punished for the same kind of crime; (c) the amount of damage to the instant crime is difficult to be deemed high; and (d) the motive, background, means and method of the instant crime; (c) circumstances before and after the instant crime; (d) various sentencing conditions, such as the Defendant’s age, sexual behavior, career, environment, etc. as indicated in the argument in the instant case; and (e) the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing Committee (from April to April 1).
The prosecutor's above assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.