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(영문) 전주지방법원 2013.04.12 2012노1211
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) declared by the court below is too unhued and unreasonable.

2. Although the Defendant did not agree with the victim even though the amount embezzled by the instant crime was reasonable, the Defendant did not have any record of punishment for the same crime, and did not seriously reflect his mistake, the Defendant should consider equity with the case where the Defendant could have been tried together with the crime for which a judgment of conviction was rendered at the time of original judgment, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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