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(영문) 서울동부지방법원 2018.06.08 2017노1041

업무상횡령

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The reasons for appeal (unfair sentencing) asserts that the Defendants’ respective sentences of the lower court (one year of imprisonment for Defendant A, two years of suspended sentence, and fine of five million won for Defendant B) are too unafford, and that the prosecutor is too unafford and thus unfair.

2. Comprehensively taking account of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering various sentencing grounds asserted by the Defendants and the Prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.