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(영문) 대구지방법원 2017.04.21 2017노935

횡령등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The 10-month imprisonment sentenced by the lower court is too unreasonable.

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

2. As to each of the unlawful arguments of sentencing by the Defendant and the prosecutor, in full view of the following: (a) the Defendant and the prosecutor’s each of the following circumstances were examined; (b) the Defendant recognized all of the facts charged in this case; (c) the Defendant did not have any criminal record exceeding the fine; and (d) the Defendant again committed the crime of larceny of intrusion on the night structure in this case while being investigated by the crime of embezzlement in this case; and (c) the Defendant again committed the crime of larceny of intrusion on the night structure in this case; and (d) other circumstances revealed in the records and arguments, including the Defendant’s age, sexual behavior, environment, family relationship, and circumstances after the pronouncement of the lower judgment, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s argument of the sentencing are without merit.

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