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(영문) 광주지방법원 2017.01.25 2016노3566

업무상횡령등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and eight months of imprisonment) is too unreasonable.

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

2. In light of the fact that the amount of damages suffered by the victims due to the Defendant’s embezzlement and breach of trust is not considerable, the Defendant has been sentenced to a suspended sentence for the same kind of crime, and the Defendant did not agree with the victims or take any measures to recover damage until the Defendant was in the trial.

On the other hand, it is advantageous to the fact that the defendant's mistake is properly recognized and reflected, and that the defendant has been sentenced to suspended execution for the same crime, but it is 30 years ago.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.