The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two years of suspended sentence for October, and two hours of community service order) is too uneased and unreasonable.

2. Each of the crimes of this case in determining the grounds for appeal is that the Defendant voluntarily withdrawn money and embezzled money in light of the background and method of the crime, etc. while operating a facility for providing free accommodation, and that the Defendant’s embezzlement amounting to KRW 41 million is a reason for sentencing disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant did not have the same criminal history and recognized the instant crime of occupational embezzlement from around 2002; (b) since around 2002, efforts were made to assist the rehabilitation of the elderly, alcohol addicts, intellectual disabled persons, etc. while operating the instant community; (c) the Defendant appears to have caused the instant crime of embezzlement due to lack of awareness of accounting management while operating the facilities without authorization; (d) the Defendant deposited the total amount of damage for the victim P; and (e) the Defendant deposited the total amount of damage for the victim P; and (e) other various circumstances that form the conditions for the sentencing specified in the instant records and pleadings, such as the motive, background, means, and consequence of the instant crime; and (e) the application of the sentencing guidelines of the Sentencing by the

Therefore, prosecutor's assertion is without merit.

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.