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(영문) 부산지방법원 2019.07.11 2019노695
횡령등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Determination of the abstract of the grounds for appeal (two years of suspended sentence in October) is deemed unhued and unreasonable;

2. The lower court selected a sentence within the scope of the recommended sentencing guidelines set out in the annexed sentencing guidelines (at least one month of imprisonment).

The punishment was determined by comprehensively taking account of reflectivity, criminal records, background, methods, agreements with the victim of embezzlement, etc.

There is no error in the process of selecting the sentencing factors set forth in the sentencing guidelines.

Even if this court re-examines the sentencing factors and other factors set forth in the sentencing guidelines, the amount of the original sentence cannot be deemed unreasonable.

3. The appeal by the prosecutor of conclusion is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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