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(영문) 수원지방법원 2015.12.23 2015노5412
업무상횡령
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On September 11, 2015, the Defendant was dissatisfied with the lower judgment and filed an appeal, and on October 2, 2015, the Defendant did not submit the appellate brief within 20 days after receiving the notification of the receipt of the trial record and the written notice of the appointment of a public defender from this court. The Defendant’s petition of appeal does not contain the grounds for appeal, and the Defendant’s petition of appeal does not contain any grounds for appeal ex officio, even after examining ex officio the Defendant’s statement on the first day of trial.

2. Judgment on the prosecutor's appeal

A. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhued and unfair.

B. The crime of this case is deemed to have been embezzled by arbitrarily using the disposal proceeds of KRW 25 million while the defendant works as the head of the D police station accounting division, and there is no evidence to acknowledge that the crime of this case was completely recovered from damage.

However, the defendant recognized the crime of this case and is against it, and again, he did not interfere with the same mistake.

In addition, the defendant has no record of criminal punishment during that period.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, details and contents of the offense, and circumstances after the offense, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair as the sentence imposed by the lower court is too uneasible

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the prosecutor's appeal is without merit. Since the defendant's appeal is without merit, it shall be dismissed in accordance with a decision under Article 361-4 (1) of the Criminal Procedure Act on the ground that the defendant's appeal is also dismissed by judgment.

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