횡령
All appeals filed by the defendant and prosecutor are dismissed.
1. On July 4, 2014, the Defendant, who was dissatisfied with the lower judgment and filed an appeal on April 29, 2015, did not submit the appellate brief within 20 days from the deadline for submitting the appellate brief under Article 361-3(1) of the Criminal Procedure Act, even if the Defendant received the notification of the receipt of the trial record and the written notice of the appointment of a public defender from this court on April 29, 2015, and the Defendant’s petition of appeal does not contain any grounds for appeal. Moreover, the Defendant’s ex officio examination of the grounds for appeal asserted after the lapse of the deadline for submitting the appellate brief and the Defendant’
2. Judgment on the prosecutor's appeal
A. The gist of the grounds for appeal is that the penalty (three million won of a fine) declared by the court below is too unhued and unreasonable.
B. The crime of this case, which the defendant was in custody on consignment with sale and purchase, provided as security and arbitrarily disposed of, is not less than that of the crime, and the defendant does not reflect his fault until the trial is held.
However, the defendant deposited 10 million won out of the amount of damage for the victim, and there is no record of punishment for the same crime.
In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, details and contents of the offense, and circumstances after the offense, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair as the sentence imposed by the lower court is too uneasible
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the prosecutor's appeal is without merit. Since the defendant's appeal is without merit, it shall be dismissed in accordance with a decision under Article 361-4 (1) of the Criminal Procedure Act on the ground that the defendant's appeal is also dismissed by judgment.