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(영문) 전주지방법원 2013.09.27 2013노687
업무상횡령
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the fine of KRW 7,00,000) declared by the public prosecutor is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case is deemed to have been embezzled by consuming funds of the public health clinic operation council, which the defendant kept as a public official for personal purposes, and the nature of the crime and the circumstances of the crime are heavy; the amount embezzled by the defendant reaches 25,187,513 won; while the defendant has faithfully worked as public officials in the field of public health since around 17 years since 1996; the defendant is aware of all the crime of this case; the defendant is in profoundly against his mistake; the defendant has paid disciplinary surcharge and deposited considerable money for the net Chang-gun; and other various circumstances, which are the conditions for sentencing of this case, such as the defendant's age, character, conduct, environment, family relationship, and circumstances after the crime, are considered to be less complicated or unreasonable. Thus, all of the prosecutor and the defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, among the judgment of the court below, the criminal facts of the first instance "29 February 2003" are amended to " February 19, 2003".

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