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(영문) 수원지방법원 2014.02.12 2013노5369

횡령

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the amount of money owned by the defendant on the prosecutor's assertion of unfair sentencing is not specified in the prosecutor's assertion of unfair sentencing, considering the following factors: the defendant's primary offender appears to have supported the victim while living together with the victim; the defendant's age, character and conduct, family environment, background of the crime of this case, method and method of the crime of this case; and the circumstances after the crime, etc., the punishment imposed by the court below (6 months of imprisonment, 2 years of suspended execution, 80 hours of community service order) is deemed to be appropriate and less.

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

[다만, 원심판결문의 증거의 요지 중 “1. 수사보고서(고소대리인 E 거래명� 누락자료 송부)”는 “1. 수사보고서(고소대리인 E 거래명세표 누락자료 송부)”의 오기임이 분명하므로, 형사소송규칙 제25조 제1항에 의하여 이를 직권으로 위와 같이 경정한다].