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(영문) 청주지방법원 2014.06.13 2014노159
횡령
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court's punishment is too unfilled and unfair;

(2) Defendant 2. The Defendant had a record of having been punished for the same kind of crime, and the crime of this case was committed repeatedly until the Defendant was discovered to the victims, and there is no circumstance to deem that the Defendant did not reach an agreement with the victims up to the time of the trial and took other measures to recover the damage.

However, it is reasonable for the Defendant to take into account the following circumstances: (a) the Defendant’s recognition of all of the instant crimes; (b) there was no previous conviction exceeding fines; and (c) the Defendant was under financial pressure due to failure to recover a considerable amount of transaction fees from the customer; and (d) the Defendant’s chickens kept for the victims; or (b) the sales proceeds of chickens did not appear to have been returned to the victims for personal interest, in addition to using the proceeds of sales in repayment of obligations to other clients.

Considering the above circumstances and the Defendant’s age, character and conduct, career, environment, the background and consequence of the instant crime, the victims’ past transactional relationship and transaction period, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the commission of the crime, the lower court’s imprisonment with labor is too uneasible or too unreasonable.

2. If so, the appeal by the prosecutor and the defendant 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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