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(영문) 수원지방법원 2021.01.27 2020노6479
횡령
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. A criminal litigation law that takes the principle of court-oriented trials and the principle of direct determination has a unique area for the determination of sentencing as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court 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). There is no significant change in the terms of sentencing compared to the lower court’s judgment, and even if the materials submitted in the trial court were submitted, there is no significant change in the terms of sentencing compared to the lower court’s judgment. In full view of all the reasons indicated in the records of the instant case, the lower court’

shall not be deemed to exist.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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