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(영문) 전주지방법원 2012.12.28 2012노1182
횡령등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (six months of imprisonment and two years of suspended execution) against the Defendant is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination of the instant damages amounting to KRW 25 million and did not reach an agreement on the recovery of damage, and the fact that the Defendant had been sentenced to the same kind of punishment for the previous crimes twice is unfavorable to the Defendant, and the fact that equity should be taken into account with the case where the Defendant was punished together with the crime finalized on January 26, 2012, etc. is favorable to the Defendant. In full view of all the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the lower court’s punishment is too heavy or too unreasonable. Thus, the Defendant and the prosecutor’s aforementioned assertion are without merit.

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

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