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(영문) 서울중앙지방법원 2017.06.30 2017노926

업무상횡령

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) No. 1, the gist of the grounds for appeal by the defendant is too unreasonable because the defendant's appeal is too unreasonable, and the prosecutor's grounds for appeal are too unfeasible and unfair.

2. In the instant case where there is no change in the sentencing conditions that may be specifically considered in addition to the fact that the Defendant recognized the instant facts charged for the first instance trial and divided the facts charged, the first instance court cannot be deemed to have exceeded the discretion of the Defendant, or to have been too heavy or unfair, given that the first instance court’s age, sexual behavior, environment, health condition, family relationship, motive, means, and consequence of the crime, etc. in light of the various circumstances indicated in the column for sentencing, including the Defendant’s age, sexual behavior, health condition, family relationship, motive, means, and consequence of the crime, etc.

3. If so, the appeal 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.