beta
(영문) 수원지방법원 2017.04.20 2016노5440

업무상횡령

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The fact that the amount of damage caused by the Defendant’s crime is considerably high, and that the Defendant did not agree with the victim company is disadvantageous to the Defendant.

On the other hand, the court below's 11th trial date recognized the crime of this case and reflected it later, and the victim company recovered part of the damage amount by filing a civil lawsuit against the customer and deposited 90,000 won for the victim company, which seems to have been restored to a considerable part of the damage amount of this case, and the fact that the defendant did not have the same power is favorable to the defendant.

As above, the lower court appears to have determined punishment in consideration of various favorable and unfavorable circumstances to the Defendant, and there was no special change in the depth of the case (the victim company recovered part of the amount of additional damage from the customer).

However, when considering all the sentencing conditions indicated in the records of this case, such as Defendant’s age, sexual conduct, environment, background of the crime, circumstances after the crime, etc., it is difficult to see that the sentencing of the lower court is too heavy or unreasonable, and thus, each of the aforementioned arguments by Defendant and the prosecutor are without merit.

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