업무상배임등
All of the appeals by prosecutors are dismissed.
In light of all the sentencing conditions in the records and pleadings of this case, including the following facts: (a) the Prosecutor appealed against the Defendants on the grounds that the sentence imposed by the lower court (one year of imprisonment, two years of suspended execution) is too unfluent and unreasonable; (b) the lower court appears to have determined the sentencing for the Defendants by comprehensively taking into account the circumstances asserted by the Prosecutor as the grounds for appeal; (c) no new sentencing data was submitted in the trial; and (d) changes in circumstances that could change the sentencing of the lower court were not recognized; and (d) the lower court’s sentencing records and arguments were not recognized, considering the circumstances in which the Defendants A had the same criminal history, the lower court
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the part of the “written statement of salary” in Section 1 of the judgment of the court below shall be deleted ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure, and the “written statement of payment” in Section 2 of the Act on Criminal Procedure shall be corrected by correcting the “written statement of payment” in Section 12 from the “written statement of employment income withholding receipt” and the “statement of payment” in No. 13