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(영문) 대구지방법원 2019.01.10 2018노2891

업무상횡령

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment with prison labor for four months, two years of probation, and 60 hours of community service order) is deemed to be too unhued and unreasonable.

2. In full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc.; and the fact that there is no change in circumstances or circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.