职务侵占罪和盗窃罪在实践中经常会引起混淆,职务侵占相对于盗贼罪而言,在量刑上有所差距,牵扯犯罪嫌疑人的切身利益,故应慎重进行。本案中笔者试图从三个方面通过具体的案情及法理对犯罪嫌疑人李某的犯罪行为进行具体分析,以期对犯罪嫌疑人的行为进行定性及正确量刑,做到不枉不纵。 Occupation embezzlement and theft often cause confusion in practice. As far as thieves’ crimes are concerned, there is a gap between the sentencing duties and the vital interests of the criminal suspects. Therefore, caution should be exercised. In this case, the author tries to make a concrete analysis on the criminal behavior of criminal suspect Lee from three aspects through concrete cases and jurisprudence with a view to carrying out qualitative and accurate sentencing of criminal suspects behavior, which can not be ignored.