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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.
2. In light of the fact that the Defendant, the visually impaired, embezzled the basic cost of living cost of KRW 33 million, which the Defendant, who was the visually impaired, collected by the same visually impaired, and the Defendant denies the instant crime until the trial is held, the nature of the crime is not very good.
However, there are other circumstances to consider the Defendant’s having no criminal record, and deposit KRW 5 million for the victim, etc. In light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions stated in the instant pleadings and records, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.
Therefore, the prosecutor's above 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.