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(영문) 서울동부지방법원 2016.09.22 2016노82
업무상횡령
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not submit a written reason for appeal within the submission period of the due reason for appeal, and the petition of appeal does not state the reason for appeal, and the Defendant cannot find any reason for ex officio investigation even after examining the judgment below.

B. The Prosecutor’s sentence of the lower court (one year of suspended sentence in six months of imprisonment) is too unhued and unreasonable.

2. Regarding the prosecutor's unfair argument of sentencing, the court below's punishment is appropriate, and it is not unreasonable because the court below is too unafford in light of the structure and circumstances of the crime of this case, the management status of the victim company's employees including the defendant company, the defendant's efforts to repay and its economic circumstances in the whole process of settlement, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, circumstances and result of the crime of this case, the circumstances after the crime of this case, etc.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the defendant's appeal is all dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, on the grounds as seen in Article 361-4 (1) of the Criminal Procedure Act, on the grounds as seen in Article 1-1 (a). It is so decided as per Disposition (The defendant's appeal may be dismissed by decision, but as long as

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