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(영문) 서울동부지방법원 2016.06.23 2016노330

업무상횡령

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is that the defendant's appeal is too unreasonable due to the defendant's punishment (over to eight months of imprisonment) and that the prosecutor's grounds for appeal are too uneasible and unfair.

2. Examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., as well as the circumstances favorable to the Defendant stated in the “reasons for sentencing” in the judgment of the court below, and there is no change of circumstances after the sentence of the court below, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below does not seem to be unreasonable because it is too heavy

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

참조조문