업무상횡령
The defendant's appeal is dismissed.
1. The sentence of the lower court (two years of suspended sentence in October) to the summary of the grounds for appeal is too unreasonable; and
2. Determination
A. According to the records, the lower court considered various reasons for sentencing, such as the fact that a mistake is divided and reflected, damage recovery is achieved, and there is no record of punishment exceeding the fine, and determined punishment within the scope of the recommended sentencing guidelines set by the Supreme Court’s sentencing guidelines.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.