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(영문) 수원지방법원 2016.12.21 2016노7095

업무상횡령

Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the Defendant and the Prosecutor’s assertion of unreasonable sentencing.

The Defendant recognized and reflected the instant crime, and partly performed the payment of damages.

On the other hand, the crime of this case is an embezzlement of the victim's property that the defendant had been in custody in the course of his business, and the nature of the crime is not good when considering the frequency of the crime and the amount of damage.

The victims did not recover the damage significantly.

Although the defendant had been punished for the same crime, he also committed the crime of this case.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions for sentencing as indicated in the instant records and pleadings, the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed that it is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.