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(영문) 수원지방법원 2018.05.17 2017노7442
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (6 million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unfair.

2. It is true that the nature of the crime is very poor in that the defendant committed the crime of this case without being aware of during the period of suspension of execution due to the same crime.

However, considering the defendant's attitude to reflect, except for the crime subject to the suspended execution judgment, the fact that the defendant is unable to live in good faith without other criminal records and has committed the crime, and that the victim's damage has been recovered considerably, the defendant's age, sex, environment, family relationship, motive for the crime and circumstances after the crime in this case and arguments, the sentence of the court below is too uneasible and unreasonable.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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