업무상횡령
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) asserts that the Defendant is unfair because it is too unreasonable for the Defendant to be sentenced to imprisonment with prison labor (ten months) sentenced by the first instance court, and that the Prosecutor is too unhued and unfair.
2. In the instant case where there is no change in the sentencing conditions that may be specifically taken into account to the Defendant for the first time in the appellate trial, in full view of various circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, etc., it is difficult to view that the first instance court’s sentence is too heavy or unreasonable as it goes beyond the scope of the sentencing discretion, in light of the following circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, motive and means of the crime, and circumstances after the crime.
Therefore, we do not accept all the argument that the sentencing of the defendant and the prosecutor is unfair.
3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the defendant and the prosecutor are dismissed.