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(영문) 부산지방법원 2018.01.26 2017노4359

업무상횡령

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. In light of the following: (a) the Defendant and the Prosecutor’s respective unfair arguments in sentencing together with each other; and (b) the type, method, frequency, etc. of the instant crime, the liability for the relevant crime is not less complicated; (c) the amount of damage exceeds KRW 42 million; (d) the damage was not recovered; and (e) the damage was not agreed with the victim.

However, considering all of the sentencing conditions and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Committee, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime in this case, etc., the sentence imposed by the court below cannot be deemed to be appropriate, too heavy, or too unreasonable, because it is too excessive, in light of the fact that the defendant's confession of the crime, and there is no history of punishment heavier than the fine, and there is no history of punishment for the same kind of crime.

Therefore, each argument by the defendant and the prosecutor is without merit.

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