2. The Defendant appears to have committed the instant crime against his own mistake.

In addition, the Defendant returned the full amount of the embezzlement amount of KRW 3 million on May 31, 2014, KRW 20 million on June 20, 2014, and KRW 5 million to the victim of the embezzlement of this case. The lower court made an agreement that only the victim and the victim want to be punished by the Defendant.

In addition, the defendant was not only six times before the crime of this case, but also six times before the suspended sentence was sentenced to criminal punishment since 2007, and there was no record of criminal punishment, the distance of the defendant's drinking driving is shorter (Article 5m), the de facto marriage relation, which is suffering from old mother and brain color, and the 3rd degree of brain disease. On May 19, 2015, the death suspension occurred due to the following accident, and it was the most difficult for the defendant to recover consciousness by suffering from the damage of low birth, and it is the most difficult for him to support the children hospitalized in the middle patient room.

However, the crime of this case is that the defendant, working as an employee of the real estate brokerage office, sold standing timber owned by the victim at the request of the above victim to dispose of it, and embezzled the above amount while keeping the proceeds, and driving the vehicle under the influence of 0.197% of the blood alcohol concentration, and the punishment of unlawful act is not weak.

In addition, even in 2007, the defendant has been punished as a fine for the crime of drunk driving.

In addition, the defendant's blood alcohol concentration, the circumstances favorable to the defendant are expected to have been reflected in the sentencing, and the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime.