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(영문) 수원지방법원 2014.08.28 2014노2291
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. Although there are circumstances unfavorable to the defendant, such as the fact that the defendant did not agree with the victim and has yet to recover from damage, the defendant recognized the crime of this case, the defendant's claims and obligations to liquidate between the defendant and the victim exist, the defendant did not have the same criminal record and has only been punished by a fine during that period, and other circumstances leading to the defendant's age, character and conduct, family environment, etc., the prosecutor's assertion is not acceptable since it is too unreasonable to the extent that the court below's punishment should be reversed.

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

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