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(영문) 춘천지방법원 2014.04.30 2013노733

횡령등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of KRW 5 million) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. In light of the following circumstances: (a) the Defendant committed the instant crime without being a person during the period of probation; (b) the Defendant was at a disadvantage against the Defendant; (c) the Defendant partially repaid the amount of damage and reflects his mistake; and (d) the Defendant’s position to support his young children; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other conditions of sentencing as indicated in the pleadings, such as the circumstances after the commission of the crime, it is not deemed that the sentence of the lower court is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s respective arguments are without merit.

3. In conclusion, the appeal filed by the defendant 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.