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(영문) 부산지방법원 2017.09.14 2016노4435
업무상횡령등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment and two months of imprisonment) is deemed to be too unhued and unfair.

2. Determination is an unfavorable circumstance, such as that the amount embezzled by the Defendant is KRW 30 million, the amount acquired by defraudation is about KRW 100 million, the Defendant’s failure to recover the above damage, and the Defendant’s history of punishment for the same kind of crime is up to four times.

However, in light of the fact that the victim C does not want to be punished against the victim, the total amount of damage is about 14 million won in the case of the victims except the above victims, and the equity between the case where each crime against the victim C was judged at the same time as the case was committed in the judgment in which the judgment became final and conclusive, and other various conditions of sentencing as shown in the records and changes theory of this case, such as the defendant's age, sex, environment, etc., the sentence imposed by the court below cannot be deemed unfair as it is unreasonable.

3. According to the 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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