The prosecutor's appeal is dismissed.

1. In light of the fact that the defendant committed a crime for a long time and the nature of the amount embezzled by the defendant (subsidies to the Korean Association for Persons with Disabilities), the nature of the crime is poor, and that the amount of damage was not much agreed with the victim, etc., the punishment of the court below (six months of imprisonment, two years of suspended execution, and probation) is too unreasonable.

2. Unreasonable sentencing, which is the grounds for appeal under Article 361-5 subparagraph 15 of the Criminal Procedure Act, refers to cases where the sentence of the judgment of the court below is too heavy or too minor in light of the specific case’s contents. Sentencing is a discretionary judgment based on the statutory penalty, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act within a reasonable and appropriate scope. In light of the fact that there exist the inherent areas of the court of first instance as to the determination of sentencing in our Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, and the ex post facto nature of the appellate court, it is reasonable to respect it in cases where there is no change in the conditions for sentencing compared to the court of first instance, and where the first instance does not deviate from the reasonable scope of discretion, and it is desirable to reverse the judgment of the court of first instance just because the sentence of the court of first instance falls within the reasonable scope of discretion,

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). With respect to the instant case, the Health Center and the circumstances asserted by the Prosecutor as the grounds for appeal are determined based on the circumstances already considered in the course of the sentencing hearing of the lower court. The Defendant’s repayment amount (10 million won) cannot be deemed to be a major offender; the Defendant’s primary offender with no record of criminal punishment; the Defendant’s motive, background leading up to the Defendant’s criminal act, family relationship, and the suspension of execution based on the sentencing guidelines of the Supreme Court.