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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (two years of suspended sentence for eight months of imprisonment) is too uneased and unreasonable.
2. In light of the fact that the market price of the goods embezzled by the instant crime exceeds KRW 30 million, the necessity to punish the Defendant with strict penalty is recognized.
However, in full view of the following: (a) the Defendant recognized the instant crime and reflects the Defendant’s mistake in depth; (b) the Defendant was the primary offender; (c) there are some circumstances to consider the background of the instant crime; and (d) other various sentencing conditions in the records and pleadings, such as the Defendant’s age, family environment, and the circumstances before and after the instant crime, the Defendant’s punishment against the Defendant is too uneasible and unreasonable.
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.