배임
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended execution in six months of imprisonment, probation and community service order 80 hours of probation and community service order) declared by the court below is too unfasible and unreasonable.
2. Although there are circumstances unfavorable to the defendant, such as the failure to recover from damage caused by judgment, there is no record of criminal punishment prior to the instant case, and considering the fact that there is no record of criminal punishment beyond the fine, and other various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character, environment, background, motive, motive, means and consequence of the crime, size, etc., the sentence imposed by the lower court is too uneasible and unreasonable.
3. Therefore, 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.
However, among the lower judgment, it is apparent that the phrase “as of March 2015” in the second page “as of March 2014” is a clerical error in the phrase “as of March 2014,” and thus, ex officio, pursuant to Article 25(1) of the Regulations on Criminal Procedure, correction is made to “as of March 2014
.