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(영문) 대구지방법원 2014.11.28 2014노1457

업무상횡령

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, there are favorable circumstances, such as: (a) the Defendant’s confession of the instant crime for the first time in the trial; (b) the Defendant’s health status is not good for the aged; and (c) the Defendant could have been tried together with the final and conclusive judgment.

On the other hand, the amount of damage in this case is not much 35 million won; however, the defendant did not make any effort to recover from damage up to the trial of the court; the defendant committed the crime in this case without being able to do so during the period of repeated crime; there are a large number of criminal records (eight times of imprisonment, two times of suspended sentence of imprisonment, and five times of fine) due to fraud, etc. are disadvantageous to the defendant.

In addition, considering all the sentencing conditions, such as the character and conduct, environment, criminal records, and circumstances after the crime of the defendant, since the court below's punishment is too heavy or unreasonable, each of the above arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.