점유이탈물횡령
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.
2. Although the Defendant was sentenced to imprisonment with prison labor for larceny on August 8, 2012 and two years of suspended sentence, the Defendant committed the instant crime during the period of suspended sentence. Besides, there are many criminal records and criminal records of the Defendant. However, considering the fact that the Defendant is divided in depth into the instant crime and is detained for a considerable period of time in the course of the investigation and the trial of the first instance court, damage was returned to the victim, and all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age and behavior environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it cannot be deemed unreasonable to deem that the lower court’s sentence is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.