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(영문) 대구지방법원 2019.06.18 2019노1069
횡령
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The defendant generally recognizes his fault and reflects his fault.

In addition to the punishment of a fine once for fraud in 2008, there is no same criminal records.

These points are favorable to the defendant.

On the other hand, the amount of damage caused by the instant crime exceeds KRW 100 million, and even if the Defendant asserted that he/she has a claim against the victim, he/she did not make a repayment to the victim, and that he/she did not agree with the victim is disadvantageous to the Defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and all the conditions of sentencing as shown in the instant records and pleadings, there is no circumstance that the sentence imposed by the lower court is deemed to have exceeded the reasonable bounds of discretion or to have been unfair to maintain the sentencing judgment of the lower court.

Therefore, since the sentence imposed by the court below is too heavy or unreasonable, the defendant and the prosecutor's argument of unreasonable sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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