업무상횡령
All appeals by the defendant and the prosecutor are dismissed.
1. Regarding the summary of the grounds for appeal, the defendant asserts that the defendant's punishment (7 million won in penalty) declared by the court below is too unreasonable, and the prosecutor asserts that the defendant is too uneasible, and that the prosecutor is too uneased and unfair.
2. The instant crime is acknowledged that the Defendant embezzled money while working as a convenience store employee; the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on March 26, 2014 and did not know even during the period of repeated crime after the execution of the instant punishment was completed; and the Defendant committed the instant crime without being aware of the fact that the Defendant had been sentenced to suspended execution due to the same kind of crime and the record of having been sentenced to imprisonment with prison labor for a concurrent crime several times.
On the other hand, it is recognized that the Defendant’s mistake against the victim and paid the full amount of damages, and the Defendant agreed to the full amount with the victim, the embezzlement amount is a relatively small amount of KRW 1 million, and the Defendant appears to be a crime for the preparation of living expenses, such as the hospital expenses, etc. in the living room of female-friendly women.
In full view of such circumstances as the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, as well as the circumstances after the commission of the crime, the lower court’s punishment is too heavy or is deemed unreasonable.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.