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(영문) 서울동부지방법원 2018.11.16 2018노311

업무상횡령등

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (unfair sentencing: 10 months of imprisonment; 1 year of probation; 120 hours of community service; 1 year of imprisonment; 2 years of probation; 120 hours of community service, 120 hours of community service, and 2 million won of fine) are too unfford and unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully taking account of all the circumstances, including the reasons for sentencing as argued by the Prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

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