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(영문) 부산지방법원 2018.04.20 2017노4435
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment, two years of suspended sentence, and eight hours of community service order) is deemed to be too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing materials have not been submitted at the trial of the first instance, there is no change in the conditions of sentencing compared to the lower court.

Taking into account the circumstances leading to the instant case, and other circumstances revealed in the records and theories of the instant case, such as the criminal history, age, sex, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is deemed appropriate, and it does not seem to have exceeded the reasonable scope of discretion, as it is excessively unreshed.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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