횡령
The judgment below
Of them, the part on Defendant B (excluding the part on a compensation order) shall be reversed.
Defendant
B Imprisonment with prison labor for one year.
1. The court below rejected the application for compensation by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the dismissed portion is excluded from the scope of the adjudication by this court.
2. Summary of grounds for appeal;
A. The sentence of Defendant B (two years and six months of imprisonment) is too unreasonable.
B. The sentence of the lower court against Defendant A (a fine of five million won) is too unhued and unreasonable.
3. Determination
A. The lower court against Defendant A determined the above Defendant A’s punishment by taking into account the favorable and unfavorable circumstances to Defendant A, taking into account.
In full view of all the circumstances that are conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the original court’s punishment.
In addition, even when comprehensively considering the factors revealed in the proceedings of the instant case, such as Defendant A’s age, environment, background and consequence of the crime, the circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too unfasible.
The prosecutor's assertion of unfair sentencing is without merit.
B. The crime of this case against Defendant B is for embezzlement by arbitrarily consuming KRW 11 million, which Defendant B kept for the victim, and furthermore, selling or delivering phiphones over two occasions, and administering one phiphones, which is highly likely to be subject to criticism in light of the details and contents of the crime.
Narcotics-related crimes are harmful to society as a whole due to harm to the health of the people and their sense, toxicity, etc.
Defendant
B has been punished several times for narcotics crimes.
In addition, Defendant B committed a narcotics crime during the trial due to embezzlement.
On the other hand, the defendant.