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(영문) 대전지방법원 2016.05.19 2016노727

횡령

Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s sentence (one year of imprisonment) against the defendant against the summary of the grounds for appeal (unfair sentencing) is unreasonable.

2. The instant crime is an unfavorable circumstance to the Defendant, where the amount embezzled by the Defendant exceeds KRW 160,000,000, and the issue is significant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, result, etc., that the Defendant agreed with the victim when he was in the first instance trial, that there was no criminal history that the Defendant was punished for the same kind of crime or exceeding the fine, and that there was no other criminal history of the Defendant’s age, sex, environment, motive, means, and consequence of the crime, it is deemed that the lower court’s sentence against the

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

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