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(영문) 서울중앙지방법원 2017.05.18 2016노4376

업무상횡령등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment and three years of suspended execution) is too unhued and unfair.

2. Taking into account the following factors: (a) the period of the crime of embezzlement, the sum of embezzlement is long; (b) the amount of embezzlement is not small; (c) the victim of the crime of embezzlement forges and uses private documents in order to deceiving the Defendant’s financial ability; and (d) the victim did not reach an agreement with the victim, the Defendant’s liability for the crime shall not be less than those

However, in full view of all the sentencing conditions indicated in the records of this case, including the Defendant’s age, sexual conduct, and circumstances after the crime, the lower court’s punishment is too unreasonable and thus, cannot be deemed unfair, in light of the following: (a) the Defendant is the first offender; (b) the commission of the crime; (c) the commission of the crime; and (d) the deposit or repayment of a significant portion of the amount of damage up to the lower court’s judgment; (d) the repayment of additional damage in the trial; and (e

3. Accordingly, the prosecutor's appeal is dismissed on the ground that it is without merit.