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(영문) 서울북부지방법원 2018.02.22 2017노2586
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (2 million won in penalty) is too unhued and unfair.

2. Although the Defendant committed the instant crime without being able to commit a repeated crime, there are unfavorable circumstances against the Defendant, such as the Defendant committed the instant crime without being able to do so during the period of repeated crime, considering the motive and background leading up to the instant crime, the means and method of the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, environment, occupation, family relationship, etc., as well as other circumstances that are favorable to the Defendant, such as the fact that the Defendant committed the instant crime without being able to commit the instant crime, it cannot be said that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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