A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. The punishment of the lower court (unfair imprisonment for eight months) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. The crime of this case, which is judged by the defendant, committed occupational breach of trust and embezzlement by appropriating or arbitrarily consuming the property of the defendant's business in the partnership with the representative director for repayment of the personal debt, or by arbitrarily consuming the property of the victim. The crime of this case is not less complicated

There are few damages.

However, there is no criminal records exceeding the same kind of punishment and fine for the accused.

In the trial, all crimes, including occupational embezzlement, are recognized and reflected.

The judgment below

Since then, the victim does not want to be punished for the defendant by paying the amount of damage to the victim.

In full view of other circumstances that are the conditions for sentencing as shown in records and pleadings, the lower court’s punishment against the Defendant is excessively unreasonable.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing 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 and is thus dismissed in accordance with Article 364 (4) of the Criminal Procedure Act (Provided, That the decision of the court below is reversed since the defendant's appeal is accepted and the judgment of the court below is reversed, and the defendant's appeal is with merit

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 356 and 355(2) of the Criminal Act concerning criminal facts, Articles 356 and 355(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The Criminal Act among concurrent crimes.