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(영문) 의정부지방법원 2020.08.13 2018노3864
업무상횡령
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The defendant shows an attitude against the mistake.

It repaid 10 million won out of the amount of damage.

On the other hand, the defendant is working as the head of the office of a certified judicial scrivener and the client is responsible for the crime by embezzlement of money deposited as a deposit in a provisional seizure case.

Although two years have passed since the crime, the amount of unpaid damage is reasonable.

The victim filed a written application for a heavy punishment against the defendant in the court of original instance.

The defendant previously worked as the secretary of a certified judicial scrivener office, and was punished several times due to forgery of private documents, embezzlement, etc. related to his duties.

There is no change in the situation that differs from the restoration of additional damage in the trial or the original trial.

In addition, considering the various sentencing factors indicated in the arguments, such as the defendant's age, living environment, motive and background of the crime, and relationship with the victim, and the following sentencing guidelines of the Supreme Court, the sentence of the court below is too heavy or unreasonable.

The Defendant and prosecutor’s argument on unreasonable sentencing is difficult to accept.

O In the event that the crime of embezzlement is a crime of embezzlement [the scope of recommendations] basic area: April - January 1 year and April 4

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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