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(영문) 대전지방법원 2018.05.24 2017노3155

배임증재등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

B. Defendant B’s punishment (six months of imprisonment, two years of suspended sentence) is too unreasonable.

(c)

Each prosecutor's sentence of the court below is too unhued and unreasonable.

2. The lower court determined the sentence within a reasonable scope by fully taking into account all the circumstances as to the sentencing of the Defendants, and there is no circumstance to newly consider in the appellate court. Therefore, even considering the circumstances asserted by the Defendants and the Prosecutor on the grounds of appeal, the lower court’s sentence is too heavy or unreasonable.

3. In conclusion, the appeal filed by both the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.