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(영문) 창원지방법원 2017.02.09 2016노3186
업무상횡령
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment of the original judgment (eight months of imprisonment) on the summary of the reasons for appeal, the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no particular difference in the terms of sentencing between the lower court and the lower court, and the amount of damage (total amount of KRW 38,742,950, etc.), the Defendant’s criminal history (two-time fines), the content and method of the crime, the circumstances leading to the crime, etc., the lower court exceeded the reasonable scope of discretion by putting too heavy or hurding the sentencing of the lower court.

Therefore, the defendant and the prosecutor's argument are without merit.

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

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