logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.09.21 2016노408
횡령등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence and observation of protection in the period of eight months of imprisonment) is too uneased and unreasonable.

2. The lower court did not agree with the victim of the crime of fraud until the Defendant embezzled or acquired the money, and the lower court did not agree with the victim, and the said victim is deemed to be a severe punishment against the Defendant.

On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, that the victim of the crime of embezzlement does not punish the defendant, that part of the amount of damage was deposited for the victim of the crime of fraud, and that the defendant has no record of being punished for the same crime.

In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, etc., the prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too uneasible and inappropriate.

3. In conclusion, 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.

arrow