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(영문) 인천지방법원 2015.05.08 2015노546
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and forty hours of community service) of the lower court is deemed to be too uneasy and unreasonable;

2. The crime of this case was committed in the course of carrying out business management expenses collected from apartment occupants and arbitrarily consumed them, and the fact that the crime is bad in light of the background, means, and methods of the crime, and the amount of damage is a larger amount than 43,436,100 won, etc. is disadvantageous.

However, in full view of the various sentencing conditions as shown in the records and arguments, such as the fact that the Defendant was committed in the instant crime and was committed in depth, the considerable portion of the amount of damage was restored, the primary offender is the Defendant’s age and happiness environment, and other circumstances before and after the commission of the crime, the lower court’s punishment against the Defendant is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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