업무상횡령
The defendant's appeal is dismissed.
1. The sentence of the lower court (the imprisonment of six months, the suspension of execution of one year, the observation of protection, and the community service order of 80 hours) is too unreasonable.
2. The judgment period exceeds 1 year and 10 months, the number of crimes is close to 150 times, most of the embezzled amount is not returned, and the victim is punished.
However, there are no criminal records and no criminal records of property crimes, and there are no criminal records exceeding fines.
In addition, the scope of the recommended punishment on the sentencing guidelines ( April to one year and four months) / [the scope of the recommended punishment] / [the scope of the recommended punishment] 1 type (4 to one year and four months) / [the person subject to special sentencing] / the main reasons for the suspension of execution (the decision on the suspension of execution by comprehensively comparing and evaluating the reasons for the suspension of execution) : Unagreement : Where the amount of actual damage is considerably small: there is no effort to recover damage, and there is no general reason for negative general consideration: social relation, clear social relation, serious reflectness, absence of criminal records above the suspension of execution, and the motive and background of the crime, circumstances after the crime, the defendant's age, sexual behavior, environment, etc., and all the sentencing factors indicated in the changed theory, it cannot be deemed unfair for the court below's punishment to be too excessive.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.