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(영문) 서울남부지방법원 2013.10.11 2013노577

배임

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the Defendant has no record of criminal conduct in the same offense; (b) the victim tried to export a motor vehicle by lending the name of the Defendant without undergoing due process; (c) there is a certain fault for the victim; (d) the degree of damage to the victim; and (e) the circumstances following the instant crime; and (e) the Defendant’s age and happiness environment; and (e) various circumstances, which are the conditions for sentencing as stipulated in Article 51 of the Criminal Act as stated in the records and arguments, such as

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.