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(영문) 의정부지방법원 2015.01.29 2014노2040
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two months of imprisonment, two years of suspended execution, two years of probation, and 80 hours of community service order) is too unhued and unreasonable.

2. Although there are unfavorable circumstances such as the Defendant’s previous convictions one time, two previous convictions of the same kind, and the fact that the Defendant seems not to make any effort to recover from damage, the amount of the embezzlement in this case is relatively large to KRW 7,984,850, and the Defendant appears to reflect the crime in this case, in light of all the sentencing conditions indicated in the records, such as the Defendant’s family relation, age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court against the Defendant cannot be deemed to be unfair, in light of all the sentencing conditions indicated in the records of this case, including the following circumstances.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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