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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) declared by the court below is too unhued and unreasonable.
2. The Defendant recognized the instant crime and divided the mistake, and there is no record of punishment exceeding the fine, and there is a circumstance that the Defendant should care for the young children due to suicide while the Defendant was in flight.
However, the crime of this case is highly likely to be committed in light of the background of the crime, method of the crime, and amount of damage, etc., since the victim's business operator lost the passbook by reporting the loss of the passbook, and then voluntarily withdraws a large amount of KRW 150 million from the total amount of the gas paid.
Although mediation was established to pay 152,30,000 won and delay damages to the victim in related civil cases, the amount seems not to have been actually paid to the victim, and the victim's punishment appraisal is also strong up until now.
In addition, in full view of the various circumstances, including the Defendant’s age, character and conduct, environment, criminal records, motive and background of the offense, means and method of the offense, circumstances after the offense, and the fact that the Defendant only consumed all the embezzled money, but does not present any reasonable explanation or grounds for the consumption method, consumption place, remaining amount, etc., the sentence imposed by the lower court is deemed unfair as it is too far unreasonable.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;