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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) that the court below sentenced against the defendant is deemed to be too uneasible and unfair.
2. The instant crime was committed against the Defendant, who had worked in the Motor Vehicle Factory F, repeatedly stolen parts owned by the Defendant exceeding KRW 11 million for about two years and eight months. The period of theft is a long-term period and the amount of theft is a large amount, and thus, the criminal liability is heavy. In particular, the fact that the Defendant, an employee, has reached the instant crime by using the user’s trust, and that no agreement has been reached between the Defendant and the victim company is disadvantageous to the Defendant.
On the other hand, the fact that the defendant is both recognized and reflected in the crime of this case, that the defendant deposited money above the theft amount stated in the facts constituting the crime of this case in the judgment below for the victim company, that the defendant retired from office in the workplace where 30 years have served, that the defendant retired from office in the form of a recommendation agency, that the defendant was the first offender who has no criminal history, that the defendant's health is not good, and that there is a dependent
In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s sentence is too uneasible and unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not acceptable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.