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(영문) 대전지방법원 2016.09.29 2016노589
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 against the Defendant (a prison term of four months, two years of suspended execution, and 40 hours of community service order) is deemed unreasonable.

2. The fact that the defendant did not agree with the victim is disadvantageous to the defendant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence, the Defendant’s sentence against the Defendant is too uneasible and unfair, and thus, the Prosecutor’s 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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