Text
The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for eight months of imprisonment) is too unhued and unfair.
2. Determination of the instant crime is an unfavorable circumstance where the Defendant, who is a public official, embezzled a fee that was kept on duty for a long time for a long time, and the nature of the crime is not good, and the Defendant’s embezzlement is not substantial.
On the other hand, it is favorable for the defendant to recognize and reflect his mistake properly, the defendant is the first offender who has no previous record, and the amount embezzled by the defendant to be returned, and the damage has been recovered.
In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.