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(영문) 대구지방법원 2016.03.30 2015노1868
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection, and the community service hours of 80 hours) is too unfasible and unfair.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There are circumstances unfavorable to the Defendant, such as that the amount of embezzlement in this case exceeds 20 million won, but the Defendant recognized the facts charged in this case and reflects it, but the Defendant paid part of the amount of damage and faithfully repaid the amount of damage in the future. In full view of all the circumstances revealed in the records and arguments such as the Defendant’s character, conduct, and environment, the Defendant’s punishment imposed by the lower court is too unreasonable, and the prosecutor’s assertion is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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