배임
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.
2. However, the circumstances favorable to the defendant include the confessions and reflects of the instant crime, and the fact that there is no record of criminal punishment for the same kind of crime.
However, in full view of the fact that the amount of damage exceeds 18 million won, the fact that no measures are taken to recover damage up to the trial, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment, the circumstances before and after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable.
3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.