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The defendant's appeal is dismissed.
Reasons
1. In light of the gist of the grounds for appeal by the Defendant (unfair form of punishment) and the fact that the Defendant commits the instant crime to prepare living expenses in difficult economic circumstances, the Defendant’s embezzlement and theft amount is relatively small, and certain damaged items have been returned, the sentence of the lower court that sentenced one year to imprisonment is too unreasonable.
2. The crime of this case is deemed to have stolen property and embezzled property, etc. in custody over several occasions for a considerable period of time, and it is not good that the crime of this case was committed. It is not proper that the crime of this case was committed by the defendant. The defendant was sentenced to imprisonment with prison labor for one year and a fine of 200,000 won on April 19, 2004 due to the crime of embezzlement and occupational embezzlement, etc. It is possible for the defendant to have the record of criminal punishment due to the crime of larceny and occupational embezzlement. Considering the motive and background of each crime of this case, the circumstances before and after the crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior, as shown in the records and arguments of this case, the above assertion is not deemed to be unfair because the court below's punishment is without merit, considering the circumstances asserted in the grounds for appeal.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.