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(영문) 대전지방법원 2016.11.03 2016노1405

횡령

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of imprisonment and imprisonment for up to eight months) of the lower court against the Defendant is unreasonable.

2. The fact that the Defendant agreed with the victim D and Hyundai Capital Co., Ltd. or did not recover from the damage is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant agreed with the victim H; (b) the Defendant did not have any criminal records exceeding the same kind of crime or fine; and (c) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime; and (d) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, the lower court’s sentence against the Defendant is too uneas

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

(However, among the facts charged in the judgment of the court below, it is clear that the "1 million won" in Section 2 of Part II of the judgment below is a clerical error in the "11 million won", and such factual error is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.