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(영문) 서울중앙지방법원 2013.10.10 2013노2734

업무상횡령

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. In full view of the following: (a) the Defendant’s criminal act during the investigation period from the investigation period to the trial period; (b) the victim’s attempt to punish the Defendant is a favorable condition to the Defendant; (c) however, the Defendant was sentenced to imprisonment for the same kind of crime and committed another case before one year elapses after the execution of the sentence was completed; (d) the amount of damage; (e) the background leading to the instant crime; and (e) the Defendant’s age, character, conduct, environment, and other conditions of sentencing, the lower court’s punishment cannot be deemed as being too heavy or unreasonable.

3. If so, the appeal by the prosecutor and the defendant 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.