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(영문) 광주지방법원 2017.11.14 2017노3260

횡령등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant recognized and reflected his criminal act.

On the other hand, the defendant lent a physical card and password for the purpose of economic interest, and the account was used for the singishing crime, and not only the crime was committed but also the crime was committed by embezzlement of the money remitted by the victim, and the damage was not restored to the victim.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

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