The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that this judgment.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. As to the reasons for appeal, the Defendant repeatedly embezzled the victim’s funds over a considerable period of time while working as an employee, and the fact that the amount of embezzlement is larger is disadvantageous to the Defendant.

However, when considering the fact that the injured party does not want the punishment against the accused in agreement with the injured party by making full payment of damages to the injured party when the injured party was in the first instance trial, the fact that the accused acknowledges the crime of this case and reflects the wrongness, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. In a case where the defendant, ex officio, files an appeal against a conviction, the court shall examine ex officio the part of the order for compensation among the judgment below, since the order for compensation is transferred to the appellate court pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to

According to the records, the defendant paid all damages to the applicant who is the victim of the judgment of the court below for the first time. Since the existence or scope of the defendant's liability to compensate is unclear, it is not reasonable to issue an order for compensation, and therefore the part of the judgment of the court below concerning the order for compensation cannot be maintained.

4. In conclusion, the defendant's appeal concerning the part of the case of the court below as to the defendant is with merit, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and since the part of the court below's order for compensation among the court below's judgment is subject to the above revocation, it is revoked pursuant to Article 33 (4) of the Act on Special Cases Concerning Promotion, etc.

[Grounds for another judgment]