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(영문) 창원지방법원 2016.06.16 2016노48

업무상횡령등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unhued and unreasonable.

2. The judgment is based on the following: (a) the Defendant has repeatedly embezzled money on 34 occasions between 3 months and 34 months; (b) the amount of embezzlement has not been stated as approximately KRW 15 million; and (c) the fact that the victims did not agree with the victims is a reason for disadvantageous sentencing; (d) the Defendant has led to the confession of the crime; and (e) the Defendant has no criminal record exceeding the same criminal record or fine.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.