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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment, two years of suspended execution) is too unreasonable.
B. The Prosecutor’s sentence (ten months of imprisonment, two years of suspended execution) is too unhued and unreasonable.
2. The scope and judgment of this Court
A. The lower court rejected the application for compensation order filed against the Defendant by C (2014 early 109) who is an applicant for compensation, and the applicant for compensation cannot be dissatisfied with the judgment dismissing the application for compensation pursuant to Article 32(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and eventually, this part is excluded from the scope of the trial of this
B. The crime of this case is determined as follows: (a) while working as the trayer of the physical training center operated by the victim, the defendant embezzled approximately KRW 25,00,000 in total by taking advantage of personal trust relationship with the victim; (b) the victim demanded excessive amount of retirement benefits by threatening the victims of the defect in order to dispose of the above physical training center; and (c) thereby taking them over; (d) in light of the Criminal Procedure Act and the amount of damage, etc., the crime is very poor; and (e) the victim wants to punish the defendant significantly because the victim did not agree to the name of approximately KRW 50,00,000 in total; and (e) the victim does not agree with the victim; and (e) in light of the above circumstances, the need to punish the defendant significantly.
However, when the defendant was in the trial for the first time all of each of the crimes of this case, the defendant's age, environment, occupation, economic situation, motive, motive for the crime of this case is excessive economic difficulty if the defendant is detained. The embezzlement of this case and the amount of extortion include money that the defendant has the right to receive from the victim; the defendant deposited 20,000,000 won for the victim; the defendant deposited 20,000 won for the victim; the defendant has no criminal power except punishment once by a fine for 201; the defendant supports his wife and children; and the defendant is detained as the most supported by his wife and children.