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(영문) 창원지방법원 2018.11.21 2018노2099
횡령
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal each sentencing (the punishment of the lower court shall be punished by imprisonment with prison labor for eight months);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court rendered a sentence by taking into account the following factors: (a) the Defendant was unable to recover the instant damage; and (b) the victim was damaged by the Defendant’s instant act, such as failure to pay wages to workers; and (c) taking into account the Defendant’s age, sexual conduct, environment, motive and means of the instant crime, circumstances after the crime, etc., and taking into account various sentencing conditions as indicated in

(c)

The grounds for each unfair sentencing alleged by the defendant and the prosecutor are shown to have been sufficiently considered in determining the punishment against the defendant, and the above sentencing conditions have changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, 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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